MEMORANDUM OF
UNDERSTANDING
BETWEEN AND FOR THE
CITY OF FRESNO
AND
THE FRESNO CITY EMPLOYEES ASSOCIATION,
INC.
(Non-Supervisory White Collar - Unit 3)
June 17, 2024 – June 15, 2025
MOU between City and FCEA 06/17/2024 – 06/15/2025 Page i
TABLE OF CONTENTS
ARTICLE I - PREAMBLE ................................................................................................ 1 A. PURPOSE ......................................................................................................... 1 B. DEFINITIONS .................................................................................................... 1 C. GOVERNING LAWS .......................................................................................... 1 ARTICLE II - EMPLOYEE RIGHTS ................................................................................. 2 A. GENERAL .......................................................................................................... 2 B. NONDISCRIMINATION ..................................................................................... 2 C. REPRESENTATION OF EMPLOYEES ............................................................. 2 D. PERSONNEL FILES .......................................................................................... 3 ARTICLE III - CITY RIGHTS ........................................................................................... 5 A. GENERAL .......................................................................................................... 5 ARTICLE IV - RECOGNITION ........................................................................................ 7 A. ASSOCIATION RECOGNITION ........................................................................ 7 B. ASSOCIATION OFFICERS AND DIRECTORS ................................................. 7 C. ASSOCIATION BULLETIN BOARDS ................................................................ 7 D. REPRESENTATION .......................................................................................... 7 E. RECOGNITION OF UNIT DESCRIPTION ......................................................... 7 F. ASSOCIATION BY-LAWS ................................................................................. 8 G. CITY RECOGNITION ........................................................................................ 8 H. RECOGNITION OF MUTUAL OBLIGATION ..................................................... 8 I. LOCKOUT AND STRIKE ................................................................................... 8 ARTICLE V - PERSONNEL PROCEDURES .................................................................. 9 A. CLASS REVIEWS.............................................................................................. 9 B. REVISIONS TO CLASS SPECIFICATIONS ...................................................... 9 C. RECLASSIFICATIONS ...................................................................................... 9 D. REQUESTS FOR TRANSFER .......................................................................... 9 E. RETURN TO FORMER POSITION ................................................................. 10 F. FLEXIBLE STAFFING ..................................................................................... 10 G. TEMPORARY MODIFICATION OF WORK HOURS ....................................... 10 H. * * * WORK SCHEDULES (General Provision) ................................................ 11 I. PROBATIONARY PERIOD .............................................................................. 14 J. STEP INCREASES .......................................................................................... 14 K. MOVEMENT BETWEEN STEPS & EMPLOYEE PERFORMANCE
EVALUATI ONS ................................................................................................ 15 L. SAFETY ........................................................................................................... 16 M. EXCHANGE OF INFORMATION ..................................................................... 17 N. LAY-OFF PROCEDURES ............................................................................... 18 O. IN LIEU OF SUSPENSION FOR DISCIPLINARY ACTION ............................. 18 MOU between City and FCEA 06/17/2024 – 06/15/2025 Page ii
P. THIRD PARTY PLAN CHECK REVIEW AND CONTRACTING OF PLAN CHECK REVIEW .................................................................................................... 19 ARTICLE VI - PROCEDURES FOR DISPUTE RESOLUTIONS ................................... 21 A. GRIEVANCE PROCEDURE ............................................................................ 21 B. ALTERNATIVE DISPUTE RESOLUTION PROCEDURE ................................ 24 C. PAST PRACTICE ............................................................................................ 25 D. USE OF HEARING OFFICER IN DISCIPLINARY ACTION INITIATED BY CITY 25 ARTICLE VII - DUES DEDUCTION .............................................................................. 26 A. DUES CHECK-OFF ......................................................................................... 26 B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION ............................ 26 C. DUES DEDUCTION TRANSFER .................................................................... 26 ARTICLE VIII - COMPENSATION AND BENEFITS ...................................................... 27 A. GENERAL ........................................................................................................ 27 B. SALARY SCHEDULE ...................................................................................... 27 C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST ................... 27 D. WORKERS' COMPENSATION ........................................................................ 28 E. EDUCATION FOR CITY EMPLOYEES ........................................................... 29 F. USE OF PERSONAL VEHICLES .................................................................... 29 G. PREMIUM PAY ................................................................................................ 30 H. BILINGUAL CERTIFICATION PROGRAM ...................................................... 34 I. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES ................................................................................................... 34 J. TEMPORARY ASSIGNMENT PAY ................................................................. 35 K. UNIFORM ALLOWANCE, SAFETY SHOES & SAFETY GLASSES ............... 36 L. NIGHT-SHIFT DIFFERENTIAL ........................................................................ 38 M. COURT TIME .................................................................................................. 38 N. OVERTIME (OT), COMPENSATORY TIME OFF (CTO), ON CALL/CALL BACK/STANDBY ............................................................................................. 38 O. SICK LEAVE AND ATTENDANCE .................................................................. 41 P. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK.......................................... 42 Q. VACATION CASH-OUT ................................................................................... 42 R. BEREAVEMENT LEAVE ................................................................................. 43 S. VACATION LEAVE .......................................................................................... 44 T. HOLIDAY LEAVE ............................................................................................ 44 U. REST PERIODS .............................................................................................. 46 V. FAIR LABOR STANDARDS ACT .................................................................... 46 W. HEALTH REIMBURSEMENT ARRANGEMENT ............................................. 46 X. STATE DISABILITY INSURANCE (SDI) .......................................................... 48 Y. RETIREMENT ................................................................................................. 50 Z. CLASSIFICATION AND COMPENSATION STUDY ........................................ 50 MOU between City and FCEA 06/17/2024 – 06/15/2025 Page iii
AA. VOLUNTARY LEAVE TIME (VLT) PROGRAM………………………………... 50 ARTICLE IX - BENEFITS FOR PERMANENT PART-TIME EMPLOYEES ................... 54 A. VACATION ...................................................................................................... 54 B. SICK LEAVE .................................................................................................... 54 C. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK.......................................... 54 D. OVERTIME ...................................................................................................... 55 E. PROBATIONARY PERIOD .............................................................................. 55 F. HEALTH AND WELFARE ................................................................................ 55 G. SOCIAL SECURITY BENEFITS ...................................................................... 55 H. WORKERS’ COMPENSATION ....................................................................... 56 I. JURY DUTY ..................................................................................................... 56 J. HOLIDAYS ...................................................................................................... 56 K. NIGHT-SHIFT DIFFERENTIAL ........................................................................ 56 L. SERVICE FEE ................................................................................................. 56 M. UNIFORM ALLOWANCE ................................................................................. 56 N. FULL TIME ...................................................................................................... 56 O. REST PERIODS .............................................................................................. 56
ARTICLE X - SPECIAL RULES FOR EMPLOYEES ASSIGNED TO THE POLICE DEPARTMENT ............................................................................................................. 57 A. SHIFTS/VACATION ......................................................................................... 57 B. ALTERNATIVE WORKWEEK WEEK SCHEDULES (Special Provisions) ....... 58 C. INVESTIGATIONS ........................................................................................... 64 D. ABSENT WITH SUBSTITUTE (AWS) .............................................................. 67 E. COURT APPEARANCES ................................................................................ 68 F. FAMILY EVENTS............................................................................................. 70 G. EMERGENCY SERVICES DISPATCHERS .................................................... 71 H. RESOURCE OPTIMIZATION SYSTEM .......................................................... 71 I. CRITICAL INCIDENTS .................................................................................... 71 J. ESD TRAINING DIFFERENTIAL ..................................................................... 71 K. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES ................................................................................................... 72 L. SHIFT DIFFERENTIAL – COMMUNICATIONS BUREAU ............................... 72 M. SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENT SERVICES ..... 72 ARTICLE XI - HEADINGS/REFERENCES/CITATIONS ............................................... 74 A. HEADINGS ...................................................................................................... 74 B. REFERENCES/CITATIONS ............................................................................ 74 ARTICLE XII - SAVING CLAUSE/FULL UNDERSTANDING ........................................ 75 A. SAVING CLAUSE ............................................................................................ 75 B. FULL UNDERSTANDING ................................................................................ 75 ARTICLE XIII - TERMINATION ..................................................................................... 76 MOU between City and FCEA 06/17/2024 – 06/15/2025 Page iv
SALARY SCHEDULE .................................................................................................... 78
FCEA LEAVE OF ABSENCE POLICY - ADDENDUM I
FCEA ATTENDANCE POLICY - ADDENDUM II
LEGEND
* * * = deleted old language
[§ deleted] = section/subsection deleted
[§§ deleted] = two or more sections/
subsections deleted
bold t
ype = new language
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 1
ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Under standing (MOU), entered into between the City of Fresno, hereinafter referred to as t he City, and the Fresno City Employees Association, Inc., hereinafter re ferred to as the Association or unit, has as its purpose: the establishment of wages, hours, and other terms and conditions of employment.
B. DEFINITIONS
Unless the particular provision or the context otherwise requires, and, except to the extent that a particula r word or phrase is otherwis e specifically defined in this MOU, the definitions and provisions contained in Chapter 3 of the Fresno Municipal Code (FMC), Section 3-101 of Article 1, Section 3-201 and 3-202 of Article 2, Section 3-501 of Article 5 and Section 3-603 of Article 6, shall govern the construction, meaning, and application of word s and phrases used herein.
The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
C. GOVERNING LAWS
The employer-employee relationship between the City and it s employees and the City and the Association is governed by Chapter 10 of Division 4 of Title I of the Government Code (Section 3500 et seq., commonly known as the Meyers- Milias-Brown Act), and Article 6 of Chapt er 3 of the FMC as may be amended from time to time. In the event of any conflict between said laws and this MOU, said laws shall govern.
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ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL
The rights of employees, except as expr essly modified herein, are as set forth in Chapter 3, Article 6, Section 3-604 of the FMC. Execution of this MOU by the Association shall not be deemed a waiver of any Association or employee right unless the right is clearly or explicitly modified or restricted herein.
B. NONDISCRIMINATION
The provisions of this MOU shall apply equally to, and be exercised by, all employees consistent with state and federal nondiscrimination statutes and City policies.
C. REPRESENTATION OF EMPLOYEES
1. The City recognizes the right of empl oyees in this Unit to be represented by the Association in their employer-employee relationship with the City.
An employee whose presence is requested by management to discuss or review an action of the employee has the right to be represented by an officer, director, or designee of the Association if it appears that the discussion or review may result in adv erse action. Should an employee request such representation, no furt her discussion or review may occur until a representative is present, except that an unreasonable delay shall not result from such a request. The presence of a repr esentative of the employee's own choosing, who is not an officer, director, or designee of the Association, shall satisfy the requirements of this section.
2. This Section does not apply to the normal ongoing employment relationship or supervisor/subordinate relationship between the City and its employees, when such matters as, including but not limited to, work direction, scheduling, and non-discipl inary counseling or performance evaluation, are the subjects of the discussion or review.
3. The President , or acting President, of the Association shall be provided up to twenty-five percent (25%) release time when not engaged with the City in active successor MOU negotiations. Active successor MOU negotiations are defined as beginni ng six (6) months before the * * * operating MOU expires until Council adopts the successor MOU. During active successor MOU negotiations with the City the amount of release time shall be (50%) for the President. The percentage of release time for the Association President sh all be based on the full time equivalent of the permanent City position held by the President per fiscal year. Release time shall be reimbur sed by the Asso ciation time bank set forth in Section C, subsection 4 below, to conduct routine MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 3 Association business. The Vice Pr esident and all other Association representatives shall be allowed, subject to the approval of the employee's respective supervisor and the needs of the City, release time to conduct Association business reim bursed by the Association time bank. Release time requests should be made by the President or designee through the Labor Relations Div ision. The President and Vice President may be allowed not more than forty (40) hours of Leave Without Pay per fiscal year, for the conduct of Association business.
Approval by the supervisor shal l not be unreasonably withheld. Leave taken under this section shall be r eported through an approved payroll process for purposes of accounting for the hours taken.
4. The City shall provide the Associ ation an account of the time bank balance on a monthly basis. When the time bank balance falls below two hundred fifty (250) hours, and upon written notification of the Association the City shall deduct one (1) * * * hour from the Vacation Leave bank of all employees represented by the Asso ciation to be pl aced in the time bank, regardless of if there is sufficient Vacation Leave in the employee’s bank. No more than two (2) time bank replenishments shall take place per fiscal year. It is agreed by the parties that once accrued * * *Vacation * * *Leave is placed in the Association time bank, the City no longer has any obligation to compens ate affected members, either in cash or equivalent time off.
5. Reasonable access to employee work locations shall be granted officers of the Association and their officia lly designated representatives, for the purpose of processing grievances or contacting members of their respective organizations concerni ng business within the scope of representation. Such officers or r epresentatives shall not enter or be present at any work location wit hout the consent of the department director or designee. Consent of the department director or designee may be given whenever the director or designee determines such access or presence will not interfere with the normal operat ions of the department or with established safety or secu rity requirements. Solicitation of membership and activities concer ned with the internal management of the Association, including but no t limited to collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours.
D. PERSONNEL FILES
1. The * * * Personnel Services Department , under the direction of the Director of the Personnel Services Department, shall maintain the official personnel file for each employee. Each employee may review, or authorize in writing, its review by a designated representative, subject to reasonable rules and regulations, and receive a copy of all material placed in either their official file or departmental file . If an employee disagrees with the content of a document placed in either file, it shall be MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 4 the right of the employee to submit a response to the Director of the Personnel Services Department to be attached to the document in question and included in the appropr iate file. Personnel files are considered confidential and access shall be limited.
2. Documents, including perfo rmance evaluations, retained in the employee's departmental file shall be forwarded to the employee's new department in a confi dential manner when t he employee transfers, promotes, or demotes. T he file shall be forwarded in a confidential manner to the Personnel Services Department when the employee leaves City service.
3. Inquiries regarding employment references shall be administered in accordance with existing City policies.
4. Letters of Understanding shall not be placed in an employee’s Personnel File unless they are attached to a disciplinary action for the purpose of demonstrating prior direction or instruction.
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ARTICLE III
CITY RIGHTS
A. GENERAL
1. The Association and the City agree that the rights of the City are as set forth in Chapter 3, Article 6, Section 3-605 of the FMC:
a. The exclusive rights of the City include, but are not limited to, the right to
(1) determine the mission of its constituent departments, divisions, commissions, and boards;
(2) set standards of servic e and municipal fees and charges;
(3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion;
(4) direct its employees;
(5) take disciplinary action;
(6) relieve its employees fr om duty because of lack of work or for other legitimate reasons;
(7) maintain the effici ency of governmental operations;
(8) determine the methods , means, and personnel by which government operations are to be conducted;
(9) determine the cont ent of job classifications;
(10) take all necessary ac tions to carry out its mission in emergencies;
(11) exercise complete control and discretion over its
organization and the technology of performing its work."
b. All rights formerly or presently claimed by or vested in the City on the effective date of this Articl e and not mentioned in Subsection (a) are retained by the City unless explicitly waived by the City by resolution of the Council or by Council-approved MOU.
2. This MOU is not intended to restri ct consultation in good faith with the Association regarding matters within the right of the City to determine.
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3. Nothing in this MOU shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority.
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ARTICLE IV
RECOGNITION
A. ASSOCIATION RECOGNITION
The City acknowledges the Associat ion as the recognized employee organization representing the Non-Supervisory White Collar Unit, and therefore, the parties agree* * * to meet and confer in good faith promptly upon request by * * * either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals. In order that the meet and confer process may include adequate time for full consideration of the proposals of both parties and for resolution of any impasse, either party may open negotiations as early as five (5) months before the MOU expires.
B. ASSOCIATION OFFICE RS AND DIRECTORS
A written list of the Officers of the A ssociation and the Association Directors, with the specific areas they represent, shall be furnished to the City immediately after their designation and the Association shall notify the City promptly in writing of any changes of such Association Officers or Directors.
C. ASSOCIATION BULLETIN BOARDS
The City shall provide space, or access to space, for the exclusive use of the Association for bulletin boards. The space provided shall be no fewer than 24 x 36 inches. Bulletin boards may be placed by the Association in locations where there is representation by the Association, except that only one bulletin board shall be placed in a common area where several divisions are represented.
Where divisions are in separate physica l locations, a bulletin board may be placed by the Association in each physical location of the division.
D. REPRESENTATION
The City will not interfere with, or discriminate in any way against, any employee by reason of their membership in the Association.
E. RECOGNITION OF UNIT DESCRIPTION
The Non-Supervisory White Collar Unit consists of all employees holding a permanent position, as defined in Chapter 3, Article 2, Section 3-202 of the FMC in the classes listed in Unit 3, Exhibit 3, of the current salary resolution, as such Unit may be amended from time to time pursuant to the provisions of the FMC.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 8 F. ASSOCIATION BY-LAWS
The Association will provide a copy of its By-Laws to the Labor Relations Division. An updated copy of the By-Laws will be prov ided to Labor Relations whenever the By-Laws are changed.
G. CITY RECOGNITION
The Association recognizes the City Manager of the City, or such other person as may be designated in writing, as t he designated representative of the City, pursuant to Chapter 3, Article 6, Section 3-615 of the FMC, and agrees to meet and confer in good faith promptly upon r equest by the City and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals.
H. RECOGNITION OF MUTUAL OBLIGATION
The Association and the City recognize and acknowledge their mutual obligation and responsibility to effectuate the purposes set forth in, and to adhere to the conditions and clauses set forth in, this MOU.
I. LOCKOUT AND STRIKE
1. No lockout of employees shall be instituted by the City during the term of this MOU.
2. No unlawful strike or work st oppage by City employees, as defined in Chapter 3, Article 6, Section 3-624 of the FMC, or State bargaining laws, shall be caused, instigated, encour aged, condoned, participated in, or honored by the Association or its members during the term of this MOU.
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ARTICLE V
PERSONNEL PROCEDURES
A. CLASS REVIEWS
If it is determined that a need exists for the establishment of any new classes, the City shall meet and confer with the Association on the base salary when the review is completed, but prior to any Council action.
B. REVISIONS TO CLASS SPECIFICATIONS
Proposed revisions to specifications for classes contained in the Unit shall be provided to the Association for review and comment prior to their adoption by the Director of Personnel Services.
C. RECLASSIFICATIONS
This provision shall apply solely to classifications represented by the Association and is not applicable to recla ssifications which have the result of employees moving out of the FCEA unit. In the event of the reclassification of a position to a class of a hi gher level, the incumbent shall be granted the same status in the new class as they had in the former class, if the Director of Personnel Services finds that all the following conditions have been met:
1. That the reason for the reclassifi cation of the position is the gradual accretion of new duties and responsib ilities over a period of one (1) or more years immediately preceding the effective date of such reclassification.
2. That the accreti on of duties has taken place during the incumbency of the present incumbent in such position.
3. That the added dutie s and responsibilities upon which reclassification is based have not been previously assigned to a class of the same or lower level.
4. All provisions of the FMC and Administrative Orders (AO) regarding reclassification not in conflict with this section remain in effect.
D. REQUESTS FOR TRANSFER
1. A permanent employee may request c onsideration for transfer to vacant positions in the same class by submitting a written request to the Director of Personnel Services. When vacancie s occur in the class, names of employees requesting transfer shall be submitted for consideration concurrent with the certification of names from an eligible list. Transfers between departments require the approval of both appointing authorities.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 10 Approval of transfer shall not be unreasonably withheld by the appointing authority in the department from which transfer is sought.
2. The transfer of employees shall be governed by the provisions of the FMC Section 3-261 and 3-262.
3. Department management shall notify transfer applicants a minimum of twenty-four hours before the interv iew. Employees may agree to be interviewed sooner. Any transfer applicant who is offered a transfer shall have a minimum of twenty-four (24) hours to accept or reject the transfer.
4. Employees who wish to be consi dered for transfer to another position in the same class within their own Depar tment may do so by submitting a written request to their appointing authority. The appoi nting authority shall give concurrent consideration to an employee who requests such a transfer.
5. The transfer of probationary em ployees shall be governed by FMC Section 3-274.
E. RETURN TO FORMER POSITION
Any member of this Unit who does not pass the required probationary period after being promoted or tr ansferred to another positi on who returns to their former permanent position in the division/ work unit from where the employee was initially promoted or tr ansferred, shall retain senior ity in that division/work unit only for the purpo ses of bidding on vacation slot s or shift assignments, if applicable. Such bidding rights shall not be applicable for any bidding process that is initiated and/or completed prior to the employee’s return to the unit.
F. FLEXIBLE STAFFING
Flexible staffing will be in accordance with AO 2-10, Flexible Staffing, * * * except that the probationary period for Emer gency Services Dispatcher I and Fire Prevention Inspector I shall be up to eight een (18) months at the discretion of management. Any contemplated addition or deletion of a flexibly staffed class shall be discussed with the Association, in a timely manner and prior to such action by the Director of the Personnel Services Department.
G. TEMPORARY MODIFICA TION OF WORK HOURS
With seventy-two (72) hour notice to affected employees, departments/divisions may temporarily modify an employ ee's regular schedule to address backlog/workload concerns. This temporary modification shall not exceed one (1) month, unless mutually agreed to by the parties.
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1. Department director s or designees shall be solely responsible for determining and designating divisions , units, sections, specific job classes within their respective departments that may implement variations to the standard/normal/wo rkweek work schedule. A minimum of thirty (30) calendar days’ written notice shall be provided to affected employees and the Labor Relations Division.
2. Subject to meet and consult pursuant to the provisions of Chapter 3, Article 6, Section 3-607 of the FMC prior to implementation of such changes, alternative workweek work schedules may be necessary in order to meet the service needs of the public/other City departments, and/or other operational efficiency requirements. It is expressly understood that position a ssignments by classification, staffing levels, workweek work schedules, and days off are determined solely by management, and are subject to change based on, including but not limited to, varying workload, the addition of authorized staffing, and departmental operational and service need.
a. If established, employees shall select a 5/8, 4/10 or 9/80 workweek work schedule according to department/division selection processes. Absent sufficient selections, management will assign employees to a 5/8 or 4/10 workweek work schedule, or combination thereof or to an established 9/80 workweek work schedule.
b. Except for emergencies, em ployees working a 4/10 schedule or who have days off other than Sa turday and Sunday, will make every effort to schedule all m edically-based appointments on off duty time.
3. The hours for employees working a 5/8 will consist of five (5) eight (8) hour days with two (2) consecutive da ys off. The hours for employees working a 4/10 will consist of four (4 ) ten (10) hour days with three (3) days off, of which two (2) of the days off will be consecutive. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift and one day off in addition to regular days off, per 14-day period broken down into two 40-hour per week Fair Labor Standards Act (FLSA) work weeks. All employees working a 9/80 work schedule shall have an FLSA work week which begins four (4) hours after the start time of the day of the week which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The work week sha ll end exactly 168 hours later. The scheduled eight (8) hour work day/day off must be either a Monday or Friday. The workweek for each such position will be defined in writing.
The original document will be maintained by the Department and a copy filed with the Personnel Services Department and the Payroll Division of the Finance Department. The work w eek for an established 9/80 work MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 12 schedule will not be changed to a ccommodate temporary schedule changes. Scheduling of days off will be determined by management.
4. Departments/divisions may disc ontinue alternative workweek work schedules if it is determined by m anagement that they detrimentally affect department/division operations and services. Thirty (30) days advance notice will be given in writing to affected employees and the Labor Relations Division. If departments/divisions discontinue alternative workweek work schedules established under this provision, employees will revert to 5/8 standard/norma l workweek work schedules as determined by management.
5. Except as detailed directly bel ow, applicable Salary Resolution, FMC, and AO sections concerning 4/10 al ternative workweek work schedules limitations on OT, holidays, leave accrual and usage, sick leave accrual and usage, and night shift premium pay will govern.
a. OT - Work in excess of t en (10) hours in one (1) day shall be compensated at one and one-half (1½) times the base rate of pay.
All hours worked on either the first or second day off in a workweek shall be compensated at one and one-half (1 ½) times the base rate of pay.
Work on the third day off in a workweek, shall be compensated at two (2) times the base rate of pay.
If overtime continues past midnight and rolls into th e following workday, the overtime will be paid at the rate effective at the start of the shift.
Employees who are assigned to work on a holiday will be paid in accordance with the provisions of Article VIII, Section T.
b. Holidays - Employees working a 4/10 shall receive twelve (12) holidays consisting of eight (8) hours each, and an additional eight (8) hours for the employee’s birthday. Employees who are off on a holiday which falls on a regular workday shall receive eight (8) hours base pay for the holiday, and may elect to take two (2) hours vacation, holiday or CTO to provi de for a full ten (10) hours pay, or may elect to receive two (2) hours leave without pay.
c. Sick Leave - Employees wo rking a 4/10 work schedule shall accumulate the same number of hours of sick leave per month as under the 5/8 standard.
d. Vacation - Employees working a 4/10 work schedule shall accumulate the same number of hours of vacation per month as under the 5/8 standard.
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6. Except as detailed directly bel ow, applicable Salary Resolution, FMC, and Administrative Order sections will govern concerning 9/80 alternative workweek work schedules, limitations on OT, holidays, leave accrual and usage, sick leave accrual and usage, and night shift premium pay will govern.
a. OT - Work in excess of nine (9) hours in one (1) day on scheduled nine (9) hour days and eight (8) hours on scheduled eight (8) hour days shall be compensated at one and one-half (1 ½) times the base rate of pay.
For periods when there are three (3) consecutive days off, all hours worked on either the first or second day off in a workweek shall be compensated at one and one-half (1 ½) times the base rate of pay. All hours worked on the third consecutive day off in a workweek shall be compensated at two (2) times the base rate of pay.
For periods when there are two (2) consecutive days off, all hours worked on the first day off shall be compensated at the rate of one and one-half (1 ½) times the base rate of pay. All hours worked on the second day off in a workweek shall be compensated at two (2) times the base rate of pay.
If overtime continues past midnight and rolls into the
following workday, the overtime will be paid at the rate effective at the start of the shift.
Employees who are assigned to work on a holiday will be paid in accordance with the provisions of Article VIII, Section T.
b. Holidays - Employees working a 9/80 shall receive twelve (12) holidays consisting of eight (8) hours each, and an additional eight (8) hours for the employee’s birthday. Employees who are off on a holiday which falls on a regularly scheduled workday shall receive eight (8) hours base pay for the holiday. Employees may elect to take one (1) hour vacation, holiday, or CTO to provide for a full nine (9) hours pay for a day which is regularly scheduled for nine (9) hours pay, or may elect to receive one (1) hour leave without pay.
c. Sick Leave - Employees working a 9/80 schedule shall accumulate the same number of sick leave hours per month as under the 5/8 standard work week.
d. Vacation - Employees working a 9/80 work schedule shall accumulate the same number of vacation hours per month as under the 5/8 standard work week.
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I. PROBATIONARY PERIOD
1. Employees in classes designated as a flexibly staffed series (entry and journey levels) shall serve a total probationary period of twelve (12) months unless otherwise noted in the Salary Resolution.
2. The probationary period for Emergency Services Dispatcher I shall be up to eighteen (18) months, or after twelve (12) months of service if flexed to Emergency Services Dispatcher II.
3. The probationary period for Fire Pr evention Inspector I shall be up to eighteen (18) months, or af ter twelve (12) months of service if flexed to Fire Prevention Inspector II.
4. Except for employees listed in subsections 2 and 3 above, the probationary period for all classes in this Unit shall be twelve (12) months.
5. The probationary period shall be an essential part of the examination process and shall be used for the effe ctive adjustment of the employee to meet the required standard of work. Time spent on any leave of absence, or time during which an employee is unable to perform the full range of duties due to injury or illness, whether or not job-related, shall not be considered as a part of any pr obationary period, and such time will be added to the probationary period. The City shall conduct employee evaluations during the probationary period pursuant to this MOU.
J. STEP INCREASES
Employees hired into classes, which have step increases, will move from Step “A” to Step “B” on the anniversary date, which is twelve (12) calendar months from the date the employ ee was appointed to the current class, subject to the provisions set forth in Section I, above.
Flex classes listed below remain eligible to flex to the journey level after six (6) months of satisfactory se rvice for a total probationar y period of twelve (12) months as outlined in AO 2-10* * *. Those classes are:
Account Clerk I to II
Administrative Clerk I to II
Animal Care Specialist I to II
Animal Services Representative I to II
Call Center Representative I to II
Customer Services Clerk I to II
Engineering Aide I to II
Planner I to II
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 15 K. MOVEMENT BETWEEN STEPS & EMPLOYEE PERFORMANCE
EVALUATIONS
1. Each City department shall conduct, at minimum, annual employee performance evaluations on a depar tment-wide basis for all non- probationary employees which shall be the basis for movement to the next highest step for the class . * * * Progression to successive steps in the class shall be automati c except that following an unsatisfactory performance evaluation, a step progression may be delayed by the appointing author ity for not more than six (6) months.
2. Supervisors shall complete q uarterly evaluations on probationary employees as follows: evaluations shall be completed at three -* * * month, six -* * * month, nine -* * * month and twelve -* * * month* * * intervals.
3. Every rating of “Improvement Needed” shall contain the reason for the rating in the Supervisor co mments and should include how to successfully overcome the deficiency.
4. An employee who disagrees with t he content of a performance evaluation which does not result in the deni al of a step advancement may within fifteen (15) calendar days from the da te of receipt of the performance evaluation:
a. Write a rebuttal statement fo r attachment to the performance evaluation form; and/or
b. Request further review with the supervisor of the reviewer, but in no case higher than the department head.
5. In the event a performance evaluat ion results in an employee being denied advancement to the next higher step, the employee may appeal the decision to a review committee by filing a writt en request with the department director within fifteen ( 15) calendar days from the date of receipt of the performance evaluation.
6. The department director shall convene a review committee within fifteen (15) calendar days following the receipt of the written appeal. The review committee shall be comprised of a representative selected by the employee, a representative selected by the department director, and a third member mutually agreed to by the first two. In the event an agreement cannot be reached concerni ng the third member of the committee, the Labor Relations Manager and the FCEA Business Agent shall select one by mutual agreement.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 16
7. The employee shall present the reasons for the appeal on their own behalf, and the person who conducted the evaluation shall present the basis for the denial of the step adv ancement. In order to expedite the process, only oral and documentary information shall be presented. The deliberations of the committee shall be confidential and no other individuals shall be present. The commi ttee's findings shall be issued at the conclusion of the hearing and shall be final and binding. In the event the committee rules in favor of the employee, the step advancement shall be implemented retroactive to the date the increase would have occurred.
8. An employee not receiving a st ep increase shall have an additional performance evaluation within six (6) months. * * *
9. It is understood and agreed by the parties that if a performance evaluation is not presented to the em ployee within fifteen (15) calendar days following the date the step increas e is to become effective, the employee will be considered to have met the performance requirements of the position during the preceding rating period.
10. In the event a performance evaluati on contains an Overall Rating of “Unsatisfactory/Needs Improvement” the employee may, within fifteen (15) calendar days from the date of receipt of the performance evaluation, appeal the decision to the departm ent director. The department director’s decision shall be final and non-appealable.
11. Evaluations for non-probationary employ ees are not to take the place of disciplinary/corrective actions as outlined in AO 2-14.
12. Employee performance evaluations are not subject to the grievance procedure.
L. SAFETY
1. The City and the Association shall undertake to promote the realization of the responsibilities of the individual employee with regard to preventing accidents to themselves or to thei r fellow employees. In the event any safety or health hazard is detected, it shall be reported promptly to the appropriate supervisor. No employee shall be discharged or otherwise disciplined for bringing to the attent ion of their supervisor any unsafe condition.
1. Employees in the classes of Environmental Control Officer, Industrial Waste Inspector and Lab Technician who work at the Wastewater Treatment Plant, and Crime Scene Technicians I, II, and Senior have the option of s eeing the City physician on an annual basis, without c harge, for the purpos e of receiving a complete blood count, blood chemistry test, and a urinalysis.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 17
2. The City will provide, at no cost , to all classes of Crime Scene Technicians who are identified as having an exposure to Hepatitis B, a Hep B Surface AB, Quantitat ive test to measure immunity effectiveness, and an annual Tuber culosis test. Employees will make every effort to schedule an appointment for testing to occur on their day off. In no case will an employee be paid overtime compensation for attending the appointment.
M. EXCHANGE OF INFORMATION
On a timely basis, the City shall provide electronic copies via email notification to the Association of amendments to the City’s Administrative Orders (AO), new and amended Salary Resolutions, new and amended Position Authorization Resolutions, and job bulletins for classes in this Unit.
On a monthly basis, the City will send the Association a list of members who left the Unit during the previous month and the reason for leaving.
Employees New to Unit 3
1. The Personnel Services Department (PSD) provides a new employee orientation program to all new City employees (i.e., NEO). PSD will notify FCEA’s President and Employee Representative at least ten (10) days in advance of a scheduled NEO, and at the end of the work week immediately preceding the NEO if the NEO will include any individuals who will be represented by FCEA, unless the City is unable to reasonably do so because of an unforeseeable urgent need critical to City operations. Should this occur, the City will arrange, at FCEA’s request, 30 minutes of time during the employees’ shift to meet with a representative of FCEA. Association representatives will be invited to the NEO meeting room immediately prior to the bargaining unit session and will be introduced by a City staff member. The session will be scheduled for thirty (30) minutes at the conclusion of the City’s presentation on the second day. This session will not be held if there are no new bargaining unit members attending the NEO or if Association representatives are not available.
2. The City agrees to notify FC EA’s President and Employee Representative of employees entering Unit 3 who are not subject to a New Employee Orientation. T he City agrees to arrange for thirty (30) minutes of time, during the employees’ regular shift at their Department, to meet with an Association representative.
3. If Association representatives ar e on-duty City employees, release time will be granted pursuant to the FC EA Memorandum of Understanding MOU with the City and past practice.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 18
Employee Information
1. The City will provide the employee in formation it has on file in compliance with AB 119 for all new hires in the bargaining unit within 30 days of hire, as well as unit employees represented by FCEA on a monthly basis.
2. Pursuant to Government Code §3558 (in AB 119), and County of Los Angeles v. Los Angeles County Empl oyee Relations Com. (2013) 56 CAL. 4th 905), employees may elect to withhold their personal addresses, personal phone numbers, and personal email addresses. The City shall not encourage employees to opt out of providing information to the Association, but will respond to inquiries regarding those who want to opt out and provide information as to how they can opt out or change an opt out to allow the City to provide personal addresses and phone numbers to FCEA. Employees shall also be advised on how to opt back in to allowing personal addresses and phone numbers to FCEA.
3. The City shall also refer new employ ees who inquire about opting out of providing their personal contact in formation to FCEA and advise them that FCEA will discuss opting out of providing personal information at New Employee Orientation (NEO). FCEA will advise new employees of their right to opt out. FCEA will collect written requests for opt out from new employees and will provide the wr itten requests to the City. FCEA agrees to indemnify the City for any claims from employees in Unit 3 that they were not advised of their right to opt out of providing personal addresses and phone numbers.
N. LAY-OFF PROCEDURES
Layoff of employees shall be governed by Chapter 3, Article 2, Section 3-291 of the FMC. As all employees placed in to the classifications of Community Revitalization Specialist and Senior Community Revitalization Specialist effective April 28, 2011 will have the same hire date, the City and FCEA agree that seniority for the purposes of layoff for these employees will be determined by the total number of continuous years of permanent City service. Should there continue to be a tie, the determinati on will be made by chance in a manner agreed to by the parties. This determination of seniority does not set precedent and shall not apply to other employees hired into these classifications.
O. IN LIEU OF SUSPENSION FOR DISCIPLINARY ACTION
By mutual agreement betw een the department director or designee and the employee, an employee suspended from du ty without pay may be allowed to forfeit accumulated holiday, CTO, and/or vacation hours equal to the number of hours of suspension in lieu of leave without pay. If the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited hours. This provision is not subject to the grievance process.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 19
P. THIRD PARTY PLAN CHECK REVI EW AND CONTRACTING OF PLAN
CHECK REVIEW
1. Third Party Plan Check Review
A. Planning and Development (P & D) will institute a Third Party Plan Check Review program that will allow an applicant to select a City- approved pre-qualified fi rm, negotiate fees and timelines directly with that firm, and return a completed set of plan documents to the City to issue building permits.
B. The Third Party Plan Check Revi ew program will not be utilized to privatize staff or work that c ould be done by employees. The City agrees that no elimination, defunding, or freezing of Unit 3 positions in P&D existing as of the effective date of this Agreement related to the Third Party Plan Check Review program will occur unless the Third Party Plan Check Review program has been discontinued for sixty (60) calendar days or more.
C. Once discontinued, the Third Party Plan Review program will not be reinstituted unless there is mutual agreement between the City and the Association.
2. Contracting of Plan Check Review and Planning
A. P&D may also contract out Plan Check Review and Planning work under the same terms and conditions as provided for the Third Party Plan Check Review program abov e. The City agrees that no elimination, defunding, or freezing of Unit 3 positions in P&D existing as of the effective date of this Ag reement related to contracting of Plan Check Review and Planning work will occur unless the Plan Check Review and Planning cont ract work has been discontinued for sixty (60) days or more.
B. Once discontinued, Plan Check Review and Planning will not be reinstituted unless there is mutual agreement between the City and the Association.
1. When vacancies occur in Unit 3 positions in P&D related to the Third Party Plan Chec k Review program and/or
contracting out work on Plan Check Review and Planning
while they are occurring, the City agrees the positions will MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 20 remain funded and every reasonabl e effort will be made to recruit new employees to fill the vacancies.
2. The City agrees to meet wit h the Association annually to discuss the volume of activity and the benefit of contracting out work in meeting the needs of the comm unity and staff meeting timelines for service delivery.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 21
ARTICLE VI
PROCEDURES FOR DISPUTE RESOLUTIONS
A. GRIEVANCE PROCEDURE
1 A grievance is a dispute concerni ng the interpretation or application of any existing City policy, written ru le or regulation governing personnel practices or working conditions, including this MOU. A grievance involves the claimed misapplication or misinter pretation of a ru le or regulation relating to an existing right or duty; it does not relate to the establishment or abolishment of a right or duty. This procedure shall not apply to any dispute for which there is another established resolution procedure, including but not limited to appeal to the Fresno Civil Service Board, Retirement Board, Public Employment Relations Board unfair * * * practice charge, or fact-finding procedure, or as outlined below.
2. A written grievance must set forth th e rule, regulation, policy, or specific section of the MOU claimed to have been violated, describe the specific incident or circumstances of the alleged violation, and specify the remedy sought. Any dispute between the parties as to the grievability of an issue or as to whether the requirements of this procedure have been met shall be presented to the Grievance Advi sory Committee. The Grievance Advisory Committee shall rule on the dispute before proceeding with the hearing. The Grievance Advisory Committee will be bound by the agreement of the parties regarding timeliness.
3. At the request of the grievant, t he Association may represent employees covered by this MOU on grievances under the grievance procedure.
4. The parties agree that it is in their mutual intere st to resolve grievances at the earliest possible opportunity. In an effort to further this goal, Association Officers and Directors designated under this MOU shall be excused without loss of compensation from their regular duties for such time as is necessary to attend and represent the grievant at grievance hearings, beginning at the first level of supervision.
5. The procedure and sequence in fili ng and processing a grievance shall be as follows:
a. The employee and/or Associat ion representative shall discuss the grievance with the grievant’s immediate supervisor before a written grievance may be filed.
(1) If the grievance is not settled through this discussion, it either may be discussed with the next highest supervisor or a written grievance may be f iled with the grievant’s
immediate supervisor. A writt en grievance must be filed, MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 22 with a copy being sent to Labor Relations, within twenty- one (21) calendar days from the date the grievant becomes aware, or should have become aware of, the issue or
incident giving rise to the problem.
(2) Upon receipt of a wri tten grievance, the immediate supervisor shall give the grievant a written reply within ten (10) calendar days.
b. Should the grievant not be sa tisfied with the answer received from the grievant’s immediate supervisor, the grievant may, within ten (10) calendar days, file an appe al to the Department Head. The Department Head shall have ten (10) calendar days after receipt of the appeal to review the matte r, investigate and provide a written answer to the appeal, explaining clearly the decision or proposed action and reasons thereof. The Department Head may confer with the grievant, the grievant’s representative and appropriate supervisors in an attempt to bring about a harmonious solution.
c. The City, the grievant and/or Association may mu tually agree to waive steps one (1) and two (2) and proceed directly to hearing by the Grievance Advisory Committee when the issue is one over which the grievant’s superviso r or Department Head has no jurisdiction.
d. If the grievant is not satisf ied with the decision of the Department Head, the grievant may, within ten (10) calendar days after receipt of the written reply, file a request for a revi ew of the Department Head's decision to the Grievance Advisory Committee. The review/appeal to the Grievance Advisory Committee shall be reviewed by the Association bef ore it is delivered to Labor Relations.
e. The City, the grievant and/ or Association may agree to seek resolution of the grievance thr ough mediation using the services of the State Mediation and Conciliation Service, prior to hearing by the Grievance Advisory Committee. Time limits for processing of the grievance are automatically extended for as long as mediation is in process.
f. The Grievance Advisory Committee shall be comprised of three (3) members: One selected by th e Association, one selected by the City, and the Chairperson. The Chairperson may be chosen either by mutual agreement of the Association and the City, or by the "strike" method from a list of neutrals provided by the State Mediation and Conciliation Service. If the Chairperson is selected by the strike method from the list of neutrals provided by the State MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 23 Mediation and Conciliation Service, then the Grievance Advisory Committee shall be comprised exclusively of the selected neutral.
(1) Fees and expenses of the Chairperson shall be paid half by the City and half by the Associ ation or the individual grievant(s); provided, however, that the Grievance Advisory Committee may recommend that the City or the Association or the individual grie vant(s) pay the total of such fees and expenses should it find that, but for the unreasonableness of that party's posture, the convening of the Committee would not have been necessary. The City and the
Association shall select a Chairperson within fourteen (14) calendar days of the receipt of a grievance requesting
review by a Grievance Advisory Committee by Labor
Relations.
(2) The neutral Grievance Advisory Committee shall be bound by the language of the MOU, Cit y Administrative Orders, ordinances, rules, and regulat ions, and department rules and regulations consistent t herewith in considering any issue properly before it. T he neutral Grievance Advisory Committee shall be expressly confined to the precise
issues submitted and shall hav e no authority to consider any other issue not so submi tted. The neutral Grievance Advisory Committee may not recommend changes in
established wages or benefits, nor recommend the
payment of back wages or benefit s, prior to the date the grievance was timely filed.
g. A date for the Grievance Advisory Committee to convene will be set within thirty (30) calendar days from the date that a grievance reaches Labor Relations, provided it meets all criteria for the filing and processing of a grievance.
h. All time limits herein may be extended by mutual agreement of the parties.
i. The Grievance Advisory Committee shall conduct an evidentiary hearing, interview witnesses, and consider all relevant documents prior to submitting its conclusions and recommendations to the City Manager within thirty (30) calendar days of its last meeting.
j. The City Manager shall review the decision of the Department Head and recommendations of the Grievance Advisory
Committee, and shall render a wri tten decision to the employee within fourteen (14) calendar days after receipt from the Grievance Advisory Committee.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 24 k. Failure of the grievant to file an appeal within t he specified time limit shall constitute an abandonment of the grievance process.
Failure of the responsible supervisor or official of the City to render a decision within the specified ti me limit established by this procedure shall automatically move the grievance to the next higher level for action, without action required of the grievant.
l. Written reprimands shall not be subject to the grievance procedure. However, a written letter of reprimand shall not be the basis for disciplinary action after three (3) years from the date the letter was issued to the employee.
B. ALTERNATIVE DISPUTE RESOLUTION PROCEDURE
The City and the Association agr ee that it is in their mutual interest to resolve disputes in the most expeditious and least expensive manner. In order to resolve certain disputes without resorting to lit igation, the parties agree to pursue an alternative dispute resolution process in the form of mediation as set forth in this section.
1. Prior to the filing of an action in any court of competent jurisdiction challenging a decision of the Civil Service Board concerning Association matters or a decision of the City Manager concerning a grievance (as defined in this agreement), the party seeking to file such action (hereinafter the "moving party") must provide written notice to the other party.
2. Upon receipt of such written not ice, the other party shall make a determination as to whether it wishes to pursue initiation of a mediation process to resolve the threatened litigat ion. If such party determines to pursue a mediation proce ss, that party must not ify the moving party in writing.
3. The parties shall jointly select a mediator and participate in the mediation so long as both parties consider it productive. Subject to their legal ability to do so, the parties shall agree that during the mediation process any statutory or legal deadlines for the f iling of the subject litigation shall be waived.
4. Either party may f ile an action in court concerning the subject dispute under the following circumstances:
a. The mediation process is te rminated by either party or upon mutual agreement.
b. The mediation process has not been concluded but failure to file the action shall prejudice the moving party's ability to file an action in the event the mediation process does not result in resolution.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 25
c. The mediation process has c oncluded without resolution of the dispute.
This alternative dispute resolution procedure shall also be utilized in the event either party decides to pursue an appeal of a court decision relating to an underlying decision of the Civil Service Board concerning Association matters or the City Manager concerning a grievance.
C. PAST PRACTICE
A past practice is defined as a course of conduct which by mutual agreement has been allowed to continue over a perio d of time. A past practice, which is inconsistent with any existing City policy, written rule or regulation governing personnel practices or working conditions, or the provisions of this MOU, shall be null and void and may be terminated upon written notice to the Association.
A past practice not covered by this MOU or City policies and procedures, which is within the scope of representation, may be terminated or altered only after the City has provided the Association with written notice and completed the meet and confer process consistent with the Meyers-Milias-Brown Act.
D. USE OF HEARING OFFICER IN DI SCIPLINARY ACTION INITIATED BY CITY
Employees in this unit may select usage of a hearing officer instead of a hearing before the Civil Service Board for disci plinary actions. This usage shall be governed by the provisions of Chapter 3, Article 2, Section 3-283 of the FMC.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 26
ARTICLE VII
DUES DEDUCTION
A. DUES CHECK-OFF
1. The City shall deduct the dues or benef it premiums, or both, following receipt of notice from the Associ ation that author ization has been provided to the Association by an employee in the Unit. The City shall stop dues deductions or benefit pr emium deductions, or both, upon receipt of notice from the Associ ation that author ization has been provided to the Association by employees in the Unit. Should there be a dispute regarding the deduction of dues, the Association shall provide the City with a copy of the authorization(s) signed by the employee.
2. The Association, in consideratio n for and as a condition of the City withholding and transmitting payroll and benefit deductions authorized by this Section and in compliance with * * * Government Code Section 1157.12, shall indemnify and hold harmless the City of Fresno, its officers, and employees from any liabili ty that may result from making, canceling, or changing requested deductions.
3. Upon written authorizat ion by a retired member of the Association, the City shall deduct credit union payme nts and Association dues and benefits from the retirement check of such retired member and forward same to the credit union or Asso ciation as designation in such authorization.
4. Except as authorized under sub-section 3. abov e, dues deductions will be discontinued when an employee leaves Unit 3.
B. EXCEPTIONS TO DUES DEDU CTION AUTHORIZATION
The earnings must be sufficient after other legal and required deductions are made to cover the amount of the authorized dues deduction. In the case of a member who is in a non-pay status, and whose salary is insufficient to cover other legal and required deductions, no dues deduction or deposit shall be made. At the request of the Association, the City shall deduct past Association dues from an employee entitled to back pay, provided the employee’s earnings are sufficient after other lega l and required deductions are made to cover the amount in arrears.
C. DUES DEDUCTION TRANSFER
1. All such deductions shall be provi ded by electronic funds transfer to an account specified by the Association.
2. The deduction electronic funds tr ansfer will be transmitted within fourteen (14) calendar days of each pay period end date.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 27
ARTICLE VIII
COMPENSATION AND BENEFITS
A. GENERAL
All economic benefits provided by Counc il ordinance or formal Council resolution and not otherwise clearly and explicitly modified or restricted in this MOU shall be continued without alterati on during the term of this MOU. All economic benefit modifications in th is MOU shall be effective the pay period after Council approval or June 17, 2024, whichever is later, unless explicitly stated otherwise in the MOU.
B. SALARY SCHEDULE
1. Effective December 30, 2024, the base rate of pay of all employees in this unit will be increased by two percent (2%) as reflected on Table II, attached hereto and incorporated by reference. * * *
2. Permanent employees in this uni t active as of the date of MOU implementation, after City Council approval and the expiration of the waiting period for the Mayor’s acti on provided in Charter Sections 605 and 609 shall receive a one-time lump sum payment equivalent to one percent (1%) of their annual base rate of pay as of June 16, 2024, to be paid in the pay period following Council approval.
Temporary, limited and prov isional employees in Unit 3 classifications are not eligible as well as any employees hired after June 16, 2024. The employee shall bear responsibility for any and all tax consequences resulting from this lump sum payment. The lump sum payment shall be compensable for retirement purposes.
§§
C. FRESNO CITY EMPLOYEES H EALTH AND WELFARE TRUST
The City and the Association agree that the Fresno City Employees Health and Welfare Trust (“Trust”) has the authority to determine the benefits that will be provided during the term of this MOU. T he sole responsibility of the City under this clause is to provide a set percentage of the total premium for such benefits to be contributed to the Trust by the City on behalf of the employees represented by the Association. The City contributi on of the total premium shall be seventy percent (70%) and the employee share of the total premium shall be thirty percent (30%). Employees may opt to contribute the employ ee share through payroll deductions to make up the difference between the total premium and the City contribution to receive the maximu m benefit coverage provided under the Trust, or opt not to contribute the employee share and accept a reduced coverage option.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 28 Should any other represented bargaining unit in the City negotiate a successor MOU, or extend the period of an MOU, or have terms imposed, any of which will result in a greater contribution by th e City than that cont ributed for Unit 3 members during the term of this agreement or n egotiations for successor agreement, the City will match the higher contribution at the Association’s written request.
The parties also agree to work collect ively in conjunction with their Board representatives to research and recommend potential cost-saving measures for the Health & Welfare Trust, which may include a choice of health program options based on individual need or pr eference, including a reduced option equivalent to the City’s premium contri bution, a separate rate for single employees with no dependents, or other flex plan programs; mandatory generic mail order drug maintenance for employees who require prescription drug therapy for any period of ninety (90) days or more; or other measures that may be identified as this work progresses.
D. WORKERS' COMPENSATION
1. Notwithstanding the provis ions of Chapter 3, Article 1, Section 3-118 of the FMC, the percentage of wages or salary received by employees holding a permanent position who suffers fr om an injury in the course and scope of City employment shall be the percentage established by the State of California workers’ comp ensation laws set forth in the California Labor Code. * * * Should the State mandated workers’ compensation rate of payment be adjus ted, the City and the Association agree to a limited reopener, upon either party’s request, to meet and confer regarding adjustment of the rate herein stated.
Compensation for an accepted claim of a work related injury or illness shall begin following the first three (3) days a fter the employee leaves work as a result of the injury or illness. However, this three (3) day waiting period shall be waived and compensation shall begin on the first day of a work related injury or illness only if:
a. the employee is hospitalized as an inpatient for at least twenty- four (24) hours; or,
b. the employee is absent from wo rk fourteen (14) days or more; or,
c. the employee is placed on light duty at any time during the first three (3) days.
2. Partial days of absence due to a wo rk related injury or illness, including the day of injury or illness, shall be at full pay and shall not count toward the three (3) day exclusion period; how ever, this time shall be recorded as injury absence.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 29
3. At the employee's opt ion, in the event the work related injury/illness pay is not provided during the first three (3) days of absence due to the work related injury or illness, the employee may, at the employee’s option, take sick leave, vacation, holiday, or com pensatory time off (CTO), for that period.
4. If the employee opts to use sick l eave, vacation, holiday, or CTO for the first three (3) days and it is later determined that work related injury/illness pay under paragraph 1., abov e, beginning on the fi rst day of a work related injury/illness is appropriate, the leave time shall be restored to the employee and the employee’s pay or leave balance will be adjusted accordingly.
If the employee has been on leave without pay for the first three (3) days and it is later determined that pay is applicable from the first day, the employee shall be paid therefor.
5. If an employee is placed on sick leave, vacation, holiday, or CTO, pending determination as to whether the injury or illness is industrial, and the injury/illness is determined to be industrial, sick leave, vacation, holiday, or CTO, shall be restored within thirty (30) calendar days of such determination, and the employee plac ed on work related injury/illness leave as provided herein.
6. Retirement benefits shall not be reduced as a result of the level of compensation established herein. C hanges in contribution by the City and employee shall be in accordance with applicable retirement code sections.
E. EDUCATION FOR CITY EMPLOYEES
The City and FCEA agree to meet within the first two (2) weeks in January of each year to discuss the feasibility of reinstitut ing education benefits to employees in Unit 3.
F. USE OF PERSONAL VEHICLES
1. Employees may be required, at the discretion of the City, to use their personal vehicles on City business. Employees required to use their own vehicles on City business, other than traveling to and from work, shall be reimbursed in accordance with AO 2-2, Transportation Allowance and Mileage Reimbursement Policy, and AO 8-8, City Owned/Leased Vehicles-Acquisition, Assignment and Usage Policy. An employee shall not be required to use their personal vehicle unless the employee has been so authorized in accordance with the requirements set forth in this section. When use of a personal v ehicle is required as a term and condition of employment for all posit ions in a class, such requirement shall be included in the specification for the class and the job bulletin. If MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 30 the requirement is applicable only to certain positions in a class, employees, or potential employees, s hall be notified of the requirement prior to appointment, transfer, or assignment, as appropriate.
2. The parking rates for employees in the downtown area shall be fifteen dollars ($15.00) per month for general parking and twenty dollars ($20.00) per month for an Official Vehicle Permit.
G. PREMIUM CERTIFICATE PAY
Premium pay will become effective on the first day of the pay period in which the employee submits the applicab le new or renewal certificate to their department or the effective date of the new or renewal certificate, whichever is later. Upon expiration of the certificate(s) for which an employee is receiving certificate pay, certificate pay will be discontinued until such time the employee submits their renewal certificate to their department. Certificate pay will not be paid retroactively. Exceptions due to exigent circumstances, such as an error or delay on behalf of the organization issuing the certificate, may be considered on a case-by-case basis by the Director of Personnel Services or designee.
1. Permanent employees in the class of Planner II, who possess and maintain a valid State of Californi a registration/license as a Civil Engineer, Structural Engi neer, Electrical Engineer, Traffic Engineer, or Architect, shall be paid an additional five percent (5%) of their base rate of pay.
2. Permanent employees in the cla sses of Accountant-Auditor I/II, who possess and maintain a valid State of California license as a Certified Public Accountant, shall be paid an additi onal five percent (5%) of their base rate of pay.
3. Crime Scene Technician I/II/Sr. * * *
a. Bachelor’s Degree Pay
Employees in the classes of Crime Scene Technician I/II/Sr. who possess a four (4) year college degree (Bachelor’s Degree) shall be paid an additional three percent (3%) of their base rate of pay.
This pay is pensionable under the City of Fresno Retirement System.
b. POST Crime Scene Bureau Technician Course Pay
Employees in the classes of Crime Scene Technician I/II/Sr. who have at least five (5) years of consecutive permanent full-time service in any combination of the respective Crime Scene Technician classifications * * * and have successfully completed MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 31 either of the following * * * POST Crime Scene Bureau Technician courses shall be paid an additional four percent (4%) of their base rate of pay:
Basic POST Crime Scene Bureau Technician course
Advanced POST Crime Scene Bureau Technician
course
Premium pay for completion of more than one (1) course is not stackable, meaning an em ployee can only receive an additional four percent (4%) of their base rate of pay for POST Crime Scene Bureau Technician Course Pay regardless of the number of courses they complete. This pay is pensionable under the City of Fresno Retirement System.
c. International Association for Id entification (IAI) Certificate Pay
Employees in the classes of Crime Scene Technician I/II/Sr. who possess any of the following IAI certi ficates shall be paid an additional four percent (4%) of their base rate of pay:
* * * IAI* * * Latent Print Certificate * * *
IAI Crime Scene Certificate * * *
IAI Forensic Photography Certificate
* * * IAI * * *Certificate * * *Pay for possession of more than one (1) IAI certificate is not stackable, meaning an employee * * * can only receive * * * an additional four percent (4%) of their base rate of pay for IAI Certificate Pay regardless of the number of IAI certificates they possess. Th e pay is pensionable under the City of Fresno Retirement System.
d. Bachelor’s Degree Pay, POST Crime Scene Bureau
Technician Course Pay, and IAI Certificate Pay shall be stackable.
4. Permanent employees assigned to the Department of Public Utilities in the class of Environmental C ontrol Officer who possess a valid Environmental Compliance Inspector Certificate issued by the California Water Environment Association shall receive monthly certificate pay as follows:
Grade I $50/month
Grade II $75/month
Grade III $100/month
Grade IV $150/month
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 32
5. Permanent employees assi gned to the Department of Public Utilities, in the class of * * * Chemist or Laboratory Technician I/II/Senior, who possess a valid Laboratory Analyst Cert ificate issued by the California Water Environment Association shall receive monthly certificate pay as follows:
Grade I $50/month
Grade II $75/month
Grade III $100/month
Grade IV $150/month
6. Permanent employees assigned to t he Department of Public Utilities’ Wastewater Division in the class of Water Systems Telemetry and Distributed Control * * *Specialist/Senior who possess valid Certificates as indicated will receive monthly payment as follows:
Plant Maintenance Technologist Certificate issued by the California Water Environment Association
Grade I $50/month
Electrical/Instrumentation Cert ificate issued by the California Water Environment Association
Grade II $75/month
Grade III $100/month
Grace IV $150/month
If an employee in these classes possess one of the certifications noted above and additionally holds a Water Treatment Operator Certificate (Grades I-IV) and/or Water Distribution Operator Certificate (Grades I-V) issued by the State Department of Health Services, the employee will receive an additional $100 per month.
7. Permanent employees assigned to t he Department of Public Utilities’ Water Division in the class of Water Systems Telemetry and Distributed Control * * *Specialist/Senior who possess valid Certificates as indicated will receive monthly certificate pay as follows:
Water Distribution Operator Ce rtificate issued by the State * * * Water Resources Control Board
DI $50/month
DII $100/month
DIII $150/month
DIV $200/month
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 33 Water Treatment Operator Ce rtificate issued by the State * * * Water Resources Control Board
TI $100/month
TII $200/month
TIII $250/month
TIV $300/month
TV $300/month
Employees who possess both a valid Water Distribution Operator Certificate and Water Tr eatment Operator Certificate will receive pay at the higher rate and $100/month for dual certification, except where the lower rate is less than $100/month.
8. Permanent employees assigned to the Department of Public Utilities in the class of Wastewater Reclamat ion Coordinator who possess valid Certificates as indicated will receive a monthly payment as follows:
Biosolids Land Application Managem ent Certificate issued by the California Water Environment Association - $50/month.
Wastewater Treatment Plant Oper ator Certificate issued by the Department of Water Resources (in addition to the certificate above if applicable)
Grade I $50/month
Grade II $75/month
Grade III $100/month
Grade IV $150/month
Grade V $200/month
If an employee in this class possesses one of the certifications above and additionally holds a valid Water Distribution Operator Certificate (DII or above) or Water Treatment Operator Certificate will receive an additional $100/month.
9. All Premium Pay in this section is pensionable under the City of Fresno Retirement System.
10. If during the term of this agreem ent, the Director of the Personnel Services Department determines that it is in the interest of the City to consider certificate pay for a positi on or positions represented by the Association, the parties shall meet to determine whether or not such certificate pay shall be provided.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 34 H. BILINGUAL CERTIFICATION PROGRAM
1. The bilingual certif ication program consists of a City administered examination process whereby mem bers of this Unit may apply for bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating.
2. The Bilingual certification examination will be conducted upon request.
Applications will be available at the Personnel Services Department and City department personnel units. Effective upon approval of this MOU, in order to remain eligib le to receive bilingual premium pay, employees must take and pass the certificati on examination once every five (5) years.
Department directors, or their designees, shall designate those positions or assignments for which bilingual skill is desired when an application is provided and annually. This may result in the loss of bilingual designation and pay.
3. Bilingual certification exam inations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish, and Vietnamese languages and any other l anguages outlined in the Salary Resolution.
4. The bilingual premium pay rate fo r certified permanent employees is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. This pay is pensionable under the City of Fresno Retirement System.
a. Certified employees may interpret/translate for
departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need, and has obtained approval from the certified employee's supervisor.
b. Certified employees shall not re fuse to interpret/translate while on paid status. Refusal may result in appropriate disciplinary action.
c. Except in the event of an em ergency, bilingual employees who are not certified shall not be required to interpret/translate.
I. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES
1. In accordance with Chapter 3, Arti cle 2, Section 3-260(c) of the FMC, an employee will neither be ordered, nor will be considered to be performing the duties of an absent employee unless prior written approval has been obtained, a copy of which will be given to the employee when ordered to MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 35 perform the duties. In addition, when a position has been filled provisionally in accordance with t he FMC, employees may be given a temporary assignment to perform t he duties of the position upon the temporary absence of the pr ovisional employee. All other provisions of the FMC, Chapter 3, Article 2, Section 3-260 and this Section shall apply.
2. After any permanent employee has completed forty (40) hours of service in a higher class pursuant to one (1) or more such assignments, which may be accumulated in half shift increments (e.g., 4 hours for 5/8 employees; 5 hours for 4/10 employees), the employee shall thereafter be paid at the rate of pay of the higher class while so assigned for full days or shifts.
3. Employees assigned in accordance with Section 1, above, are entitled to receive compensation attached to the higher position at the step closest to, but not less than three and one half percent (3.5%) above the employee’s current step placement. This pay is pensionable under the City of Fresno Retirement System.
J. TEMPORARY ASSIGNMENT PAY
1. Permanent employees in the cl ass of Engineering Inspector II, whose assigned duties, related solely to a specific project, are of more than normal complexity or scope, may be paid at the comparable Associate Consultant I step level.
2. Permanent employees in the classe s of Community Services Officer II (CSO) and Property and Evidence Technician (PET) assigned training functions and responsibilities shall be paid an additional five (5) percent of the employee’s base rate of pay for the actual time spent training.
Actual hours worked as a trainer in excess of eight (8) hours in a day, or forty (40) hours in a workweek, sha ll be paid at one and one-half (1 ½ ) times the CSO/PET training assignm ent rate of pay. CSOs and PETs may not elect to accrue CTO in lieu of cash payment for actual hours worked as a trainer in excess of eight (8) hours in a day, or forty (40) hours in a workweek. Receipt of this pay for functioning as a trainer is a temporary assignment, not a promotion. Training assignments, as well as the extension or expiration of such an assignment, are determined solely by the department. This pay is pensionable under the City of Fresno Retirement System.
3. Sr. CSOs may be assigned to trai n Police Cadets for the purpose of performing limited CSO functions and duties when the Department determines such assignment is necessary to meet the needs of the organization. Police Cadet training assignments for CSO IIs shall be on a voluntary basis.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 36 K. UNIFORM ALLOWANCE, SAFETY SHOES , & SAFETY GLASSES
1. Except for employees listed in the subsections below, employees not covered by the City’s uniform program who are required to purchase, maintain, and wear a duty uniform shall receive a maintenance and replacement fee of thirty dollars ($30) per month to be prorated on a pay- period-by-pay-period basis.
2. Employees working in the below Class Series shall receive uniform allowances as follows:
a. Community Services Officer I/II/Senior, Park Ranger I/II/Senior, Animal Resource Officer I/II/Senior, Property and Evidence Technicians, Crim e Scene Technicians I/II/Senior, and Fire Prevention Inspector I/II/Senior
(1) New employees in these classifications who are required to purchase, maintain, and/or wear a uniform shall receive four hundred thirty-eight dolla rs ($438) in their first paycheck for the purpose of assisting in the purchase and maintenance of uniforms. Upon completion of the initial six (6) months of the probationary period, employees in these classes shall receive seventy-three dollars ($73) per month for uniform maintenance and replacement to be prorated
on a pay-period-by-pay period basis. In the event the new employee voluntarily leaves the position within the first six (6) months, the employee shall reimburse the City for one- sixth (1/6) of the four hundred thirty-eight dollars ($438) for each full calendar month to be prorated on a pay-period- by-pay-period basis.
(2) Employees in these classifications who have completed the required probationary period and who are required to
maintain and wear a uniform for four (4) months or more within any fiscal year shall receive seventy-three dollars ($73) per month, to be pror ated on a pay-period-by-pay period basis.
(3) Employees in these classifi cations who are required to maintain and wear a uniform fe wer than four (4) months within any fiscal year shall receive twenty-four dollars ($24) per month, to be prorated on a pay-period-by-pay-period basis.
b. New Police Support Services Clerks/Technicians, Police Data Transcriptionists, and Rangemaste r/Armorers, who are required to purchase, maintain, and/or we ar a uniform shall receive two hundred seventy-six dollars ($276) in their first paycheck for the MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 37 purpose of assisting in the purchase and maintenance of uniforms.
Upon completion of the initial six (6) months of the probationary period, employees in this class shall receive forty- six dollars ($46) per month for uniform maintenance and replacement to be prorated on a pay-period-by-pay-per iod basis. In the event the newly hired employee voluntarily leaves the position within the first six (6) months, the employee sha ll reimburse the City one sixth (1/6) of the two hundred seventy-si x dollars ($276) for each full calendar month, to be prorated on a pay- period-by-pay period basis.
3. Employees who receive a uniform allo wance as set forth in any of the above provisions, and thereafter change classes, shall receive a prorated sum to compensate for any difference.
4. The City agrees to consult wit h the Association prior to the implementation of any change to the uniform policy and the City agrees to meet and confer with the Association before creating a uniform requirement for a new class or for em ployees in a class which currently is not required to wear a uniform.
5. Safety shoes for employees in Un it 3 shall be governed by the City of Fresno Illness and Injury Prevention Pr ogram (IIPP) and shall meet the CalOHSA General Industry Safety Or der Foot Protection standards outlined in Title 8, Section 3385. The City will provide a voucher for employees in this Unit who are aut horized or required to wear safety shoes for two hundred and fifty dollars ($250) for the purchase of safety shoes, or the value of one (1) pair of approved shoes, whichever is less.
When management determines that duties assigned to an employee require shoes which exceed the requi rements of the CalOSHA General Industry Safety Orders, management may authorize a voucher of up to * * *three hundred dollars ($300). In either event, the employee shall pay any cost in excess of the amount of the voucher.
6. Employees who are required to we ar prescription glasses and are required to wear protective eyewear in the performance of job duties pursuant to the City of Fresno IIPP shall be reimbursed for the purchase of prescription safety glasses up to one hundred twenty- five dollars ($125) annually.
Employees requesting reimbur sement for the purchase of prescription safety glasses must co mplete a Travel and Expense Reimbursement form provided by the Finance Department, obtain signature of the appointing authorit y or designee, attach proof of payment of prescription safety glasses, and submit the form to their department within ten (10) calendar days of incurring the cost.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 38 L. NIGHT-SHIFT DIFFERENTIAL
Each employee in this unit who is assigned to work a "swing or night shift" shall receive premium pay in addition to that se t forth for their class in Subsection B of this Article. If half or more of an employee’s shi ft is between the hours of 5:00 p.m. and midnight, the swing shift premium will be $1.45 per hour for all hours worked that shift. If half or more of an employee’s shift is between the hours of midnight and 8:00 a.m., the night shift premium will be $2.30 per hour for all hours worked that shift. The Night-Shift Differential will be paid only to an employee who is assigned to the night sh ift and actually works said shift. If a shift meets the definition of both swi ng shift and night shift, the night shift differential will be paid. An additional sh ift differential for Emergency Service Dispatchers assigned to the Police Department is set forth in Article X, Section N. of this MOU. This pay is pensionable under the City of Fresno Retirement System.
M. COURT TIME
All Employees except those employees assigned to the Police Department, who, in their capacity as an employee of the City, are required by a superior officer, City Attorney, pros ecuting attorney, whether or not by subpoena, or by direction of a court if by subpoena, to attend and does attend, during off-duty hours, any deposition or court proceeding as a witness, shall be allowed a minimum of two (2) hours overtime credi t regardless of the time actually in attendance.
Jury Duty - Notwithstanding FMC Sect ions 3-109 and 3-110, employees who are required to serve on a jury shall not be required to pay over to the City any fees received for mileage allowance.
N. OVERTIME (OT), COMPENSATORY TIME OFF (CTO), ON CALL/CALL
BACK/STANDBY
1. OT - Employees shall be paid fo r OT in accordance with Chapter 3, Article 1, Section 3-11 7 of the FMC and as follows, except as may be modified by this MOU:
a. Work performed in excess of eight (8) hours on a regular workday shall be compensated at one and one-half (1 ½) times the applicable hourly rate.
b. Work performed on an employee’s first regularly scheduled day off in a workweek shall be compensated at one and one-half (1 ½) times the applicable hourly rate.
c. Work performed on an employ ee’s second regularly scheduled day off in a workweek shall be co mpensated at two (2) times the applicable hourly rate.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 39
d. Employees on vacation may be pe rmitted to work by notifying the department of their desire to work, and shall be compensated at the applicable overtime rate in addition to the employee’s vacation pay.
2. CTO - Employees may elect to a ccrue CTO in lieu of cash payment for OT hours worked. CTO is accumulat ed at the applicable straight time, time and one-half, or double time rate for the time worked. CTO is to be used for time off, and is subject to approval in the same manner as vacation. Employees may accrue a CTO balance not to exceed eighty (80) hours. Employees who have reached the maximum balance shall be given cash payment for additional OT hours worked until such balance has been reduced below the maximum allowable amount, (i.e., 80 hours).
City may compensate by cash payment all CTO balances on the last pay period in each fiscal year at the base/st raight time rate of pay, or in any given pay period at the employee’s request.
3. Call Back/Standby - It is expressl y understood that department directors or designees shall determine and des ignate divisions/units/sections within their respective departments that may implement call back/standby provisions. Additionally, department directors or designees may determine and designate specific job classes assigned to divisions/units/sections within their respective departments to be solely eligible to receive call back/standby premium pay. Management retains the exclusive right to determine, designate, and assign call back/standby duty, withdraw such assignments, and develop and implement internal policies and procedures concerning the administration thereof.
a. Call Back includes all time s pent by the employee from the time of reporting to the work site through completion of the task/problem, or any time responding to a re quest from the City to use City provided equipment to perform work without traveling to the work site, outside of an employee’s normal/regular work hours.
(1) Eligibility - An employee shall be eligible for call back premium pay when all of the following conditions are met:
1) The employee is ordered to return to work and does in fact return to work; 2) The or der to return to work is given following termination of the employee’s normal/regular
work shift, and the employee has departed from the work site; and 3) The return to work occurs not less than two (2) hours prior to the established start time of the employee’s next shift. At the employee’s option the employee may be allowed to begin the normal/r egular shift upon completion of the call back assignment. An employee shall also be
eligible for call back premium pay when responding to a MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 40 request from the City to us e City provided equipment to perform work, without traveling to the work site, outside of an employee’s normal/regular work hours.
(2) Compensation - Premium pay for call back assignments during each twenty-four (24) hour period (i.e., 12:01 a.m. to 12:00 a.m.) and during each twel ve (12) hour period for Crime Scene Technicians a ssigned to the Police Crime
Scene Bureau, shall be a minimum of two (2) hours at time and one-half an employee’s base rate of pay. An employee assigned to two (2) regular ly scheduled consecutive days off if called back to work on the employee’s second day off, or an employee assigned to th ree (3) regularly scheduled days off on the employee’s third day off, shall receive premium pay at a minimum of two (2) hours at two times
the employee’s base rate of pay. There will be only one (1), two (2) hour minimum paid in each 24-hour period, and each twelve (12) hour period for Crime Scene Technicians.
(3) Employees who respond to a request from the City to use City equipment and do not need to tr avel to the work site will receive a minimum of twelve (12) minutes of overtime at time and a half, or double time where applicable, for each additional call back incident after the first two hour
minimum.
b. Standby duty is defined as all time outside of an employee’s normal/regular scheduled work shift where management requires an employee to be available to respond to work related problems.
An employee assigned standby duty will be required to carry a City pager, and/or City cell phone (if available), and shall not consume alcohol or consume any substance which may impair the
employee’s ability to perform all required duties. Employees on standby duty are required to respond, and shall report to the work site within one (1) hour, or longer with supervisor approval, of being paged/contacted.
(1) Compensation - Premium pay for standby duty from the end of the shift of the first day to the beginning of the next shift shall be $1.90 per hour. In the ev ent an employee on standby duty is required to report to work, the employee will receive standby compensation until they report to work; thereafter, the employee will be compensated as provided in Article VIII, Section N., Subsection 3.a of this Agreement.
In the event an employee on st andby duty is not required to report to work, standby compensation will be in effect for the duration of their standby period. This pay is
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 41 pensionable under the City of Fresno Retirement
System.
(2) Time spent on standby dut y shall not be considered hours worked.
O. SICK LEAVE AND ATTENDANCE
1. Sick Leave
a. Employees shall accrue Sick Leave at the rate of eight (8) hours for each completed calendar month of employment.
Sick Leave shall accrue during th e probationary period but may not be used until the employee has completed ninety (90) days of employment.
b. Employees may use up to one-hal f of an employee’s annual Sick Leave accrual for purposes consistent with California Labor Code Sections 233 and 246. The designation of Sick Leave taken for purposes consistent with California Labor Code Sections 233 and 246 shall be made at the sole discretion of the employee.
Sick Leave, as described above, may be used * * * for the following circumstances * * *:
Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee.
Diagnosis, care or tr eatment of an existing health condition of, or preventative care for, an em ployee’s parent, (a biological, adoptive, or foster parent, steppar ent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biologi cal, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis – this definit ion of a child is applicable regardless of age or dependency st atus), spouse, registered domestic partner, sibling, grandparent, or grandchild;
designated person or
For an employee who is the victim of domestic violence, sexual assault, or stalking, the pur poses described in Labor Code Section 230(c) and Labor Code Section 230.1(a).
c. Members of this Unit shall not be subject to the provisions of AOs 2-19 and 2-20. Instead, FCEA Leave of Absence Policy,
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 42 Addendum I, incorporated into this MOU by this reference, shall apply.
d. Employees who terminate Cit y employment and return within one year of such termination will be ent itled to reinstatement of their Sick Leave balances at the time of termination from City employment, up to a total of 48 hours.
2. Attendance
a. Members of this Unit shall not be subject to the provisions of AOs 2-19 and 2-20. Instead, FCEA A ttendance Policy, Addendum II, incorporated into this MOU by this reference, shall apply.
P. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK
On July 1
st and each July thereafter of each fisca l year during the term of this MOU, employees in this Unit sha ll accrue an additional forty (40) hours Supplemental Sick Leave with an accrual limit of forty (40) hours per year and up to a total lifetime maximum of eighty (80) hours. Employees who have earned eighty (80) hours or more of supplemental sick leave shall retain those hours but shall not accrue any additional supplemental sick leave time. However, if an employee is absent from work on a leave without pay status on July 1 st, the additional forty (40) hours shall be prorated and received upon the employee’s return to work. This supplemental sick l eave accrual may only be utilized if the employee has exhausted all other sick leave accruals or as Protected Sick Leave as set forth in Article VIII, Subsection O.1.b above. Upon separation from City service the accrued hours will be:
1. Placed in a Health Reimbursem ent Arrangement (HRA) in accordance with Article VIII, Section X; or,
2. Cashed out at retirement or upon s eparation from the City if not eligible for participation in the HRA.
Accruals shall be prorated for employees hired after July 1 st. In the event the
employee transfers to another unit, t he accrued hours shall remain in the Supplemental Sick Leave Accrual Bank until retirement or separation from City service, at which time the employee may elect one of the options above.
Q. VACATION CASH-OUT
If on October 31
st of each year, an employee has a balance of two hundred-forty (240) or more hours of sick leave, the employee may in November of that year, request a cash payment from eight (8) to forty-eight (48) hours of any vacation accrual the employee has acquired prior to the December payroll period.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 43 R. BEREAVEMENT LEAVE
Upon the death of a member of an employee’s immediate family as defined below, the employee shall be allowed to utilize Sick Leave , or other leaves if Sick Leave is not available, as is * * * necessary to take care of funeral arrangements, or attend the funeral, but not to exceed * * * five (5) days.
Immediate Family:
Spouse or Domestic Partner
Child (biological, adopted, foster, step, legal ward, child of domestic partner, or a person to whom the employee stands in loco parentis) Parent (biological, foster, adoptive, in-law, step, a legal guardian, or other person who stood in loco pare ntis to the employee when the employee was a child)
Sibling (person related to anothe r person by blood, adoption, or affinity through a common legal or biological parent)
Grandchild
Grandparent
Designated person (any indivi dual related by blood or whose association with the employee is the equivalent of a family relationship)
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 44
S. VACATION LEAVE
Employees accrue vacation leave hours for each completed calendar month of employment as reflected in the table below. Employees with less than ten (10) years of continuous employment are allowed to accrue three hundred forty (340) hours of vacation leave, * * * employees with ten (10) years or more of continuous employment but less than twenty (2 0) years of continuous employment are allowed to accrue four hundred twenty (420) hours of vacation leave, and employees with twenty (20) or more years of continuous employment are allowed to accrue 480 hours of Vacation Leave.
Years of Continuous
Employment
Accrual Rate
(Hrs./mo.)
Less than 5 8
More than 5
but
less than 8
10 More than 8
but
less than * * * 14
11.33 More than 14 but
less than 20 13
More than 20 * * * 15
T. HOLIDAY LEAVE
1. Except as may be modified in th is Section, Holidays shall be governed by Chapter 3, Article 1, Section 3-116 of the FMC:
•January 1
•The third Monday in January.
•The third Monday in February.
•The last Monday in May.
•July 4.
•The first Monday in September.
•November 11.
•Thanksgiving Day in November.
•The Friday after Thanksgiving Day in November.
•December 25.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 45 •Employee's Birthday (8 hrs. credited holiday balance on the first pay period following the employee’s birthday)
•Two (2) Personal Business Days (8 hours credited to Holiday Leave balance on July 1 and on January 1 of each year). •Any day or part of a day declared by the Council, by ordinance or resolution, to be a holiday.
2. If January 1st, July 4th, November 11th, or December 25th falls upon a Sunday, the Monday following will be observed as the holiday, in lieu of Sunday. For employees who are regularly scheduled to work on Sunday, the holiday shall be observed on Sunday for purposes of compensation pursuant to this section. Except as expressly stated otherwise in this Section, emplo yees will be required to work their regular schedule on a holiday unless they have an approved leave of absence.
3. Effective October 3, 2016, employees had ho liday accruals put in a special holiday leave bank. Employ ees may request payment and be compensated for up to forty-eight (48) hours or twenty-five percent (25%) of their special holiday leave balan ce, whichever is greater, each fiscal year between July 1 and December 31. All rema ining balances in the special holiday leave bank shall be paid to employee upon separation from City service.
Any holiday leave accruals earned a fter October 3, 2016, will be placed into the employee’s regular holiday leave bank and may be cashed out at any time. Holiday leave will be accrued until it reaches forty-eight (48) hours, except for employees eligible for AWS (Absent with substitute) time, who may accrue up to ninety six (96) hours; Upon reaching the applicable holiday leave bank cap, all additional holiday leave earned will be cashed out unless and until the holiday leave bank balance falls below the cap. Any holiday leave balance for any employee leaving City service will be cashed out.
4. Employees whose regular work schedule falls on the holiday and who are assigned to work on the holiday will be paid for all hours worked. In addition, these employees who work the holiday as assigned may, at the employee's option, elect to receiv e up to eight (8) hours of holiday accrual, cash payment at straight time, or time added to the employee’s compensatory time bank in lieu of holiday pay that employees normally receive when their regular schedule falls on the holiday but are not assigned to work.
5. When a holiday falls on a regul arly scheduled day off, an employee in this Unit shall be credited with eight (8) hours of holiday time.
6. In addition to the holiday credit in Subsection 5. above, employees who are called in or scheduled to work a holiday which is their regularly MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 46 scheduled day off, the employee will be entitled to one and one half (1 ½) times their regular rate of pay for all hours worked.
7. Employees scheduled to work on t heir birthday, who wish to take the day off shall submit a Request for Leave of Absence form for preauthorization and approval.
8. In addition to any other holiday leave which may be accrued, employees in this Unit in the classes of Emergency Services Dispatcher I, II, and III and * * * Crime Scene Technician I/II/Senior shall receive 1.33 hours per month of Holiday leave.
9. Employees who are absent from duty on leave without pay or suspension without pay at the end of the employee’s shif t before the recognized holiday will not receive compensation for the holiday, unless they actually work the holiday.
U. REST PERIODS
1. Employees shall be allowed a re st period not to exceed fifteen (15) minutes during each four (4) consecut ive hours of work, without loss of compensation. Rest periods sha ll be scheduled by supervisors and consistent with the work load and in accordance with the requirements of the department. There shall be no disruption in the provision of service to the public to allow an employee to take a rest period. Any employee required to work four (4) or more hours overtime immediately before or after their shift shall be allowed not more than fifteen (15) minutes as a rest period during such overtime work period, and during any subsequent four (4) hour overtime work period.
2. Employees shall be ent itled to a daily meal period of no less than thirty (30) uninterrupted minutes. In the event the employee is directed to work, thereby interrupting the meal period, the employee shall be allowed to take a full meal period prior to the end of the shift, or to be compensated at one and one-half times (1 ½) the base rate of pay for the missed meal period.
V. FAIR LABOR STANDARDS ACT
When, or if, the Department of Labor promulgates rules and regulations dealing with the FAIR LABOR STANDARDS ACT, the Association and the City agree to meet and confer on the impact of any changes in wages, hours or terms and conditions of employment required thereby.
W. HEALTH REIMBURS EMENT ARRANGEMENT
The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a “health reimbursement a rrangement” as described in Internal MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 47 Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. The City agrees to maintain the HRA such that it will continue to qualify as a “health reimbursement arrangement” for the term of the MOU.
At service retirement, or at a disability retirement if the employee is otherwise eligible for service retirement, employ ees who have used eighty (80) hours or less of Sick Leave and/or Vacation Leave used for sick time (excluding only hours used for Workers’ Compensation benefits, Bereavement Leave, and/or protected leave such as Family & Medical Leave, and Protected Sick Leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used to pay premiums for medical insurance (including COBRA premiums ) and qualified medical expenses as defined in Internal Revenue Code Section 213(d), and further detailed in Internal Revenue Service Publication 502. The “value” of the account shall be determined as follows:
The number of all accumulated Sick Leave hours, other than supplemental sick Leave, in excess of 240 hours at the time of retirement multiplied by eighty percent (80%) of the employee’s hourly base rate of pay.
The number of all Supplemental Sick Leave hours at the time of retirement multiplied by the employee’s hourly base rate of pay.
The hourly base rate of pay shall be the equivalent of the monthly salary in the Salary Resolution for an employee as reflected in the salary tables, multiplied by twelve (12) months then divided by 2,080 hours.
At the employer’s option, the HRA accounts may be book accounts only – no actual trust account must be establis hed for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City’s Investment Portfolio (provided that such yield is positive).
The HRA accounts shall be used pursuant to the City of Fr esno Retiree HRA Plan Document. Once a participant’s account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant’s spouse, and the parti cipant’s dependents die before the participant’s account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA.
While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave at retirement.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 48 X. STATE DISABILITY INSURANCE (SDI) /PAID FAMILY LEAVE (PFL)
1. Employees who are in bargaining Unit 3, Non-Supervisory White Collar represented by the Fresno City Employees Association (FCEA), shall be enrolled in the State Disability Insurance (SDI/PFL) coverage plan.
Employees eligible for SDI benefits ar e those who are defined by Section 2601, et seq. of California Unemployment Insurance Code. (Click here to access the SDI website)
Eligible employees covered under t he SDI program shall receive benefits pursuant to California Unemployment Insurance Code Section 2655.
2. Employees shall file claims in the same manner as required under the SDI/PFL Plan.
3. The City shall maintain SDI /PFL through employee payroll deductions to be funded by employee contributions.
4. All employees who file SDI/ * * * PFL* * * claim must notify the City within fourteen (14) calendar days of thei r claim date and fill out a form made available by the City indicating whether or not the employee desires to integrate leave with the claim. Ext ension beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee. Employees who are absent from duty and are receiving SDI/PFL benefits who are eligible to use sick leave, vacation leave, holiday leave, or compensatory time off, shall be eligible to integrate the payment of SDI/PFL benefits with such City-paid leave benefits.
a. Integrating leave balances is defined as the us e of appropriate accumulated leave, which, when added to the SDI/PFL benefits shall provide the employee up to 100 percent of their normal gross weekly wages (excluding overtime pay) immediately prior to the start of the disability or period of family care leave. Employees who elect to integrate must provide Payroll with a copy of the Notice of Computation within fourteen (14) calendar days of the issue date or mail date on the Notice of Computation and are required to authorize EDD to share benefit computations with the City on their initial claim forms. Extension beyond fourteen (14) calendar days due to exigent circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis by the Director of Personnel Services or designee.
b. An employee who has made a time ly election to integrate leave with SDI/PFL benefits shall be paid a biweekly amount beginning MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 49 on the claim effective date provided on the Notice of Computation excluding the waiting period.
c. If an employee does not provide t he Notice of Computation within fourteen (14) calendar days of the issue date or mail date no retroactive integration will occu r unless exigent circumstances apply. For employees who provide the Notice of Computation after fourteen (14) calendar days of the issue date or mail date, integration will begin in the pay period an employee provides the City with the Notice of Computation and a signed leave integration agreement.
d. Integrating leave balances wit h SDI/PFL benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. On ce integration begins, it will continue as long as leave balan ces are available and SDI/PFL benefits continue.
5. While integrating SDI/P FL benefits, employees wi ll be considered to be in paid status for the purpose of l eave accruals, holiday benefits, step increases health insurance cover age and any other employee benefits received as a result of being in paid status.
An employee who is integrating leave and has exhausted all other leave balances may apply for donated time in accordance with City policies.
Use of donated time shall be in accor dance with the provisions of this Section.
If the employee does not act to in tegrate benefits or exhausts their available leave balances, the employ ee will be in a Leave Without Pay (LWOP) status.
6. If elected as described above, in tegration will end upon notification from the employee that SDI/PFL benefits have terminated, the employee exhausts all leave balances and/or donated time resulting in leave without pay status, the employee’s retu rn to work, or the employee’s separation from City employment; whichever comes first in time.
7. Service credits toward seniority, step increase eligibi lity, and probation periods shall be in accor dance with the MOU and City
policies/procedures.
8. The City shall continue contributions toward the employee’s health and welfare benefits and retirement c ontributions in accordance with established laws and practices during the pay periods that include leave payments by the City. The employee shall be responsible for payment of premiums required to maintain heal th and welfare benefits when City contributions cease in accordance with established laws, policies and MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 50 practices.
9. In the event the City determines that legislative, administrative or judicial determinations cause changes which in any way restricts, reduces or prohibits any provision of this Agr eement, the parties shall immediately meet to discuss necessary amendments and/or modifications.
Y. RETIREMENT
All employees in Unit 3 hired on or after October 3, 2016, shall make an additional contribution equal to one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and rela ted guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one half percent (1.5%) contribution in cash. The one and one half percent (1.5%) contribut ion paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Re tirement Option Program (“DROP”) account. Employees hired by the City prio r to October 3, 2016, who enter Unit 3 on or after the first pay period after City approval of this MOU and were paying an additional one and one half percent (1.5%) of their pensionable compensation immediately prio r to entering Unit 3, sh all continue to pay the additional one and one half percent (1.5%) of their pensionab le compensation to the City of Fresno Employees Re tirement System, reducing the City contribution by a corresponding amount.
The parties agree to a limited reopener of this provision in regard to the possible revision of Normal Contributions to the Employee Retirement System for those employees paying an additional one and one half percent (1.5%).
Z. CLASSIFICATION AND COMPENSATION STUDY
§§
The City will fully realize the re maining equity increases to the classification and compensation study, completed in 2018, retroactively effective June 17, 2024, as reflected on Table I, attached hereto and incorporated by reference.
§§
AA. VOLUNTARY LEAVE TIME (VLT) PROGRAM
Voluntary Leave Time (VLT) is a program by which an employee, with appropriate approval, can take addi tional time off during the fiscal year through a corresponding adjustment in pay. Except as noted in Section 12 MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 51 below, employees may be allowed to ta ke up to ninety-six (96) hours of leave under this program. The program is intended to reduce City expenses by allowing employees to take additional leave time without being replaced. Employees would have regular adjustments to each paycheck. This program is not intended to increase City costs by offering an advantage to any employee at the City’s expense. Participation in the program is subject to the following guidelines:
1. Participation in this program is not available in work units which rely extensively on the use of wa ges/contract employees to meet ongoing operational requirements, as opposed to special or short- term projects.
2. Participation in the program is vo luntary on the part of the employee and must be approved by the appointing authority. If more than one employee in a classification s ubmits a Voluntary Leave Time Request Form for approval and they have overlapping periods of time which precludes the appointing authority from approving all of them, approvals will be made according to seniority in that classification. An em ployee denied because of this reason will be allowed to modify their VLTR Form and resubmit it.
3. The employee must complete a nd submit a Voluntary Leave Time Request Form to participate in the program. The form must be submitted to and approved by th e appointing authority and must specify the dates and amount of time off the employee is requesting.
4. The appointing authority, after reviewing the proposed leave/work schedule, may either approve, disapprove, or decrease the number of hours proposed to be taken off depending upon the operating needs of the department. If an appointing authority reduces the number of hours proposed to be taken off, the employee may withdraw the request to participate in the program.
5. The department cannot fill behi nd an employee working a reduced work week with overtime, temporary help, acting pay (Municipal Code Section 3-260), or contract extra help.
6. Voluntary Leave Time cannot exceed ninety-six (96) hours in a fiscal year except as noted below in Section 13.
7. Credits toward Health and Welfare and retirement and leave accruals to which the employee is entitled, shall continue as though the employee was not on the vol untary leave time program. The employee will contribute to th e Retirement System as if the employee were working full-time.
8. This Voluntary Leave Time program shall:
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 52
a. Be available to employees who are otherwise available for the normal performance of their duties;
b. Be available only to employee s who have been employed by the City for twelve (12) con secutive months and who are either in permanent positions with permanent status or are in established unclassified positions, except as noted in
Section 2 above or when waived in accordance with Section 13 below;
c. Apply toward time in ser vice for step advancement and toward seniority for purposes of layoff;
d. Be granted without requiring an employee to first use accumulated vacation, compensatory-time-off, or other paid leave time;
e. Not be available to an emplo yee who is otherwise on a leave without pay status;
f. Not be available to an empl oyee who is on paid leave which is being exhausted prior to commencing other leave without pay;
g. Be taken on a scheduled basis that is mutually agreed upon by the appointing authority and the employee; and,
h. Not be available to any empl oyee who is being counseled or disciplined under the FMC, City administrative orders, and/or City policies, procedures, rules and regulations.
i. Not supersede any current departments’ vacation bidding process.
9. This program shall not result in overtime. However, an employee participating in this program, who is otherwise eligible for overtime, shall have overtime calculated on the basis of the MOU for the employee’s unit.
10. At the end of each fiscal year , the department and the City Manager’s Office will review the impact that the Voluntary Leave Time program has had on department operations and the City’s financial situation. The City, in it s sole discretion, can discontinue the VLT program at any time, b ecause of operating needs, or because the program no longer is bene ficial to the Ci ty’s financial situation.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 53
11. Withdrawal from the program or a change in the number of hours requested shall only be granted if Payroll has not yet processed the request, or the appointing author ity has decreased the number of hours requested, or the employee goes out on an extended medical leave of absence during the same fi scal year that the time off request was granted under this provision, or the employee is being disciplined under section 8(h) a bove. If the employee withdraws from the program after the beginni ng of the fiscal year and before completion of the 26 pay periods, appropriate adjustments will be made to the employee’s pay. If such adjustments require that an FLSA non-exempt employee reimburse the City, agreement must be reached on a repayment schedule. If an FLSA non-exempt
employee’s employment with the City ceases prior to completion of the program, any amount due on the program will be taken from the employee’s final paycheck. If an employee does not withdraw from the program in accordance with these terms and agreed upon time is not taken, the time is forfei ted, and no reimbursement will be made. If the City imposes an in voluntary furlough, employees may have approved VLT applied toward the involuntary furlough.
12. This program is not equivalent to job sharing or to PI or PPT positions.
13. At the discretion of the City Ma nager, in response to fiscal needs, the VLT maximum hours can be increased and may be extended to employees otherwise excluded in Section 8.b. above.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 54
ARTICLE IX
BENEFITS FOR PERMANENT PART-TIME EMPLOYEES
Permanent Part-Time employees, employed in classes in this Unit, shall accumulate benefits during their employment with the City as follows:
A. VACATION
Permanent Part-Time employees shall ac cumulate vacation leave at a rate proportionate to a full-time employee in the class.
B. SICK LEAVE
1. Permanent Part-Time employees s hall accumulate sick leave at a rate proportionate to a full-time employee in the class.
2. Refer to Article VIII, Section O. for further Sick Leave and Protected Sick Leave provisions that by this reference apply.
§
Permanent Part-Time employees shall be allowed use up to six months of the employee’s Sick Leave accrued and available per fiscal year for the purposes defined in California Labor Code section s 233 and 246 in accordance with applicable provisions of the MOU. The designation of Sick Leave taken for the purposes defined in California Labor Code sections 233 and 246 shall be made at the sole discretion of the employee. * * *
C. SUPPLEMENTAL SICK LEAVE ACCRUAL BANK
1. On July 1
st, and each July thereafter of each fiscal year during the term of the MOU, Permanent Part-Time employees in this Unit shall accrue an additional forty (40) hours of S upplemental Sick Leave with a maximum accrual limit of eighty (80) hours. Employees who have earned eighty (80) hours or more prior to October 3, 2016, shall retain those hours but shall not accrue any additional time. However, if a Permanent Part-Time* * * employee is absent from work on a leave without pay status on July 1st, the accrual shall be prorated upon the employee’s return to work.
2. This Supplemental Sick Leave a ccrual may only be utilized if the employee has completed six (6) months of employment and has exhausted all other sick leave accruals. Employees may use Supplemental Sick Leave for mem bers of the employee’s immediate family in accordance with the terms of this Section and in accordance with provisions noted above in Article VIII, Section O.
3. Accruals shall be prorated fo r employees hired after July 1 st. In the event
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 55 the employee transfers to another unit, the accrued hours shall remain in the Supplemental Sick Leave Accrual Bank until separation from City service.
4. Upon separation from City servic e any Supplemental Sick Leave balance will be:
a. Placed in a Health Reim bursement Arrangement (HRA) in accordance with Article XIII, Section X; or
b. Cashed out at retirement or upon separation from the City if not eligible for participation in the HRA.
D. OVERTIME
Permanent Part-Time employees shall receive overtime at the applicable hourly rate for work performed in excess of eight (8) hours in a day and/or forty (40) hours in a week, and work performed on a holiday.
E. PROBATIONARY PERIOD
The probationary period for Permanent Pa rt-Time employees shall be 2,080 hours of non-overtime work performed, according to the class to which the employee is appointed.
F. HEALTH AND WELFARE
Permanent Part-Time employees shall re ceive Health and Welfare benefits as provided below:
The City shall contribute towards the health and welfare premium required by the Fresno City Employees Health and Welfare Trust in accordance with Article VIII, Section C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST above.
G. SOCIAL SECURITY BENEFITS
Until the City of Fresno Employees Re tirement Board acts upon the joint recommendation regarding retirement ben efits applicable to Permanent Part- Time employees, and any ordinances or resolutions are adopted implementing that action, Permanent Part-Time employees shall not be in the City retirement system and shall be provided with Social Security benefits, except where an employee’s status as a Permanent Full-Time employee changes to Permanent Part-Time status. When such change occurs, the employee shall remain in the City retirement system.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 56 H. WORKERS’ COMPENSATION
* * * The percentage of wages or salary received by employees holding a permanent position who suffers from an injury in the course and scope of City employment shall be the per centage established by the State of California workers' compensation laws set forth in the California Labor Code.
I. JURY DUTY
Permanent Part-Time employees shall be paid for jury duty attendance and court attendance in accordance with Chapter 3, Article 1, Sections 3-109 and 3- 110 of the FMC, with the exception that employees shall not be required to pay over to the City any fees received for mileage allowance.
J. HOLIDAYS
Permanent Part-Time employees shall receive paid leave for holidays at a rate proportionate to a full-time employee in the class.
K. NIGHT-SHIFT DIFFERENTIAL
Permanent Part-time employees shall re ceive night -shift differential in accordance with MOU Article VIII, Section L.
L. SERVICE FEE
MOU Article VII applies to Permanent Part-Time employees.
M. UNIFORM ALLOWANCE
Any Permanent Part-Time employee who is required to purchase and wear a uniform shall be paid the uniform allowa nce applicable to the class and as provided in Article VIII, Section K.
N. FULL TIME
Permanent Part-Time employees shall not be employed to reduce the number of Permanent Full-Time employees in the unit.
O. REST PERIODS
MOU Article VIII, Section U REST PER IODS, shall apply to Permanent Part- Time employees.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 57
ARTICLE X
SPECIAL RULES FOR EMPLOYEES ASSIGNED TO THE POLICE DEPARTMENT
A. SHIFTS/VACATION
1. Shift assignments shall be made according to the needs of the department, otherwise shift assignm ents shall be made based on seniority. Shift changes shall not be used as a method of administering discipline.
2. Vacation selection by division, se ction, unit/area, or shift, as determined by the department, shall be based upon, and determined by, seniority within the class, except for employees in the class of Emergency Services Dispatcher I/II/III which shall be based on date of hire.
3. Vacation Selection Process for Employees in the classes of Emergency Services Dispatcher I/II/III and Police Support Services Clerks/Technicians
a. Emergency Services Dispatchers I/II/III
During the month of February, all employees in the classes of Emergency Services Dispatcher I/I I/III will sign up in rounds for vacation slots for the next fiscal year in an amount equal to the maximum Vacation Leave which would be accrued during the fiscal year for which the employee is scheduling vacation.
b. Police Support Services Cle rks/Technicians Assigned to the Patrol Services Division:
During the month of November, employees in the classes of Police Support Services Clerk/Technician assigned to the Patrol Services Division will sign up in rounds for vacation slots for the next calendar year in an amount equal to the maximum Vacation Leave which would be accrued during the calendar year for which the employee is scheduling vacation.
c. Police Support Services Cle rks/Technicians Assigned to the Records Bureau:
During the month of November, employees in the classes of Police Support Services Clerk/Technician assigned to the Records Bureau will sign up in rounds for vacation slots for the next calendar year in an amount equal to the maximum Vacation Leave which would be accrued during the calendar year for which the employee is scheduling vacation.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 58 d. The provisions of subsections 3.e. and 3.f. below apply to the vacation selection processes for ESDs and Police Support Services Clerks/Technicians in Patrol Services and Records Bureau.
e. Vacation selection shall o ccur in rounds with each round being complete after sign ups for open vacation slots have been rotated through to each employee. During the first * * * four (4) rounds, employees must sign up for vacation slots in weekly intervals, up to a maximum of four (4) weeks of Vacation Leave. Following the first * * * four (4) rounds of vacation selectio n, if an employee is unable to sign up for vacation slots equal to the maximum Vacation Leave which would be accrued during the year they are scheduling vacation, they may participate in additional rounds of vacation selection including less than one week intervals until they sign up for the maximum am ount of Vacation Leave. The vacation selection process will conclude once sufficient rounds have been completed for all em ployees to sign up for the maximum amount of Vacation Leave.
f. Employees who are absent dur ing the vacation selection process may sign up by a proxy of their choosing upon notification to their supervisor. The proxy will be allowed to select vacation on the absent employee’s behalf during the absent employee’s turn in the process.
g. Probationary employees shall pa rticipate in the selection process and sign up for vacation slots that are available six (6) months following their date of appointment.
B. ALTERNATIVE WORKWEEK WEEK S CHEDULES (Special Provisions)
It is expressly understood that shif t assignment and staffing levels are determined by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs.
Alternative Workweek Work Schedules fo r the Police Department shall be as provided in Article V, Section H with the exception of specific classes to whom the following specific provisions shall apply:
1. Community Services Officer I/ II/Senior (CSO) - Patrol Division
a. The number of shifts and hours of shifts shall be based upon the optimum deployment of personnel to handle calls for services as identified by department data, and pursuant to Chapter 3, Article 6, Section 3-605 of the FMC. It is agreed that the department may, in the future, utilize 24-hour sch eduling of CSOs assigned to the Patrol Division.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 59
b. After shifts are determined, they may be flexed by department management up to a maximum of two (2) hours over or under the base hours. Base hours are:
Watch Hours
Watch C I 0700 - 1700
Watch C II 1100 - 2100
Watch C III 1500 - 0100
It is agreed that shift base hours and number of shifts shall periodically be evaluated, and may be adjusted no more than twice annually based on calls for service load. The department agrees to include FCEA in the discussion, to allow input, suggestions, and participation in the drafting of base hours and/or shifts. It is agreed that in the event shifts and/or base hours are modified, a sign up will be held as provided in subsection 1.c. below.
The department may change shift (Watch) hours up to a maximum of four (4) times annually provided that all affected employees will receive at least two (2) weeks’ notice of any change. Adjustment may be made by area. The department will consider education schedules when flexing shifts on a semester basis.
c. CSOs assigned to the field will be allowed to sign up by seniority by class for shift, area, and/or days off once annually in December, and no later than fifteen (15) days prior to January 1. It is agreed that only one (1) Senior CSO wil l be allowed to sign up in each bureau to best provide lead direction and training for field CSOs.
d. CSOs Assigned to Patrol on a 4/10 Big Fresno Fair (Fair) Shift
(1) For employees occupying the classes of Community
Services Officer I/II/Senior (CSO) assigned to Patrol on a 4/10, Fair shift hours will be scheduled based on calls for service and/or other workload factors as determined by
department management. Any CSO who wishes to be on
unscheduled leave during the CSO’s Fair duty obligation will be responsible for finding a suitable replacement to work on the CSO’s scheduled days in accordance with
Section E. below.
(2) For the purposes of shi ft trades during the Fair only, the replacement CSO may also be an on-duty CSO, as long as
the on-duty CSO is not also scheduled to work at the Fair at the same time, and provided that the on-duty
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 60 replacement is not leaving thei r shift assignment vacant.
CSOs wishing to provide a replacement for Fair
assignments will notify the departm ent of the substitution prior to the beginning of the Fair assignment. Exceptions to the shift trade requirement must be approved by the Chief of Police or designee.
(3) CSOs assigned to work traf fic control at the Fair will not be scheduled to work traffic control more than four (4)
consecutive hours.
If the needs of the department require, the on duty CSO may have their shift extended. Overtime shall be paid
where applicable.
2. All CSOs who work a 4/10 sch edule have daily 30-minute paid meal break instead of the two (2) fift een minute paid rest breaks. Any CSO who fails to schedule and take their meal break will not be paid overtime for missing said meal break.
3. CSOs assigned to training can be scheduled for such training during an eight-hour, five-day workweek, or on an 8-hour shift basis. The department will make every effort to not schedule any CSO to training which will conclude immediately prior to the CSO’s four-day work period.
4. FCEA agrees that occasionally department CSOs may be assigned to other police-related duties or functions for periods of time, which could require temporary modification of shift hours, as determined by department management and need. A 5/8 shift structure may be implemented on a temporary basis for a specified need. Except in the event of an emergency, affected employees will receive two (2) weeks’ notice of the modification.
5. The department may disc ontinue the 4/10 workweek if it is determined by the department that it detrimentally impacts department operations and services. Thirty (30) days advance notice shall be given in writing to affected employees and the Labor Relations Division.
a. If the department discontinues the 4/10 workweek, the department shall revert to the standard wo rkweek schedule that was in existence prior to the establishment of the 4/10 workweek.
6. Prosecution Liaison Unit (Community Services Officer) and Investigative Services Division.
a. Community Services Officers may request to work a 4/10 workweek. Absent sufficient requests, the department head or MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 61 designee may assign CSOs to a 4/10 workweek based on
operational needs.
b. The flexible/alternative workweek shift schedule will be composed of two (2) shifts of four (4) t en (10) hour days, with three (3) days off. Scheduling of days off shall be determined by the department head or designee. The hours for each shift shall consist of four (4) ten (10) hour days, plus a thirty (30) minute unpaid meal period.
The hours for each shift may be adjusted by management up or down by one-half hour based on opera tional and service delivery needs.
7. Communications Bureau - Emerg ency Services Dispatcher I/II/III
a. The flexible/alternative workw eek shift schedule will be composed of four (4) consecutive work days, ten (10) hours each day.
b. Sign ups shall be by s eniority, by classification. Seniority shall be determined by accumulated hours within the class. In addition:
(1) ESD III’s on a shift must sign up on the rotating days off schedule and may overlap. On the rotating days off
schedule, an ESD III may not sign up for identical days off with another ESD III. This is necessary to ensure sufficient ESD III coverage for vacations, illnesses, etc.
c. Trainees will not sign up for a shift. Trainees will be assigned by the department to a shift with a tr ainer, and will continue to be rotated between shifts for traini ng purposes until certified and released from training.
d. Employees will be allowed to bid for new shift positions by seniority within the classification of the position assignment.
8. Management Support Bureau Pe rsonnel and Training Unit; Rangemaster/Armorer Class
a. The alternative workweek schedule option is necessary in order to provide the minimum staffing necessary to accommodate the various working schedules of staff using the range. It is expressly understood that position assignments by classi fication, staffing levels, workweek schedules, and days off are determined solely by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs of the department.
b. Staff may request to work a 5/8 or 4/10 workweek schedule, or a combination thereof. Absent sufficient requests, management will MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 62 assign staff to a 5/8 or 4/10 workweek schedule, or a combination thereof. Staff wishing to change t heir workweek schedule will be required to give a two (2) week advance written notice to management. However, the frequen cy of such changes may be limited by management, if in their judgment, such limitation is in the best interest of the department.
c. It is expressly understood that workweek schedules are established by department/individual divisions based upon the service needs of the public/other city departments.
d. The hours for staff wo rking a 5/8 will consist of five (5) eight (8) hour days with two (2) consecutive days off. The hours for staff working a 4/10 workweek option will consist of four (4) ten (10) hour days with three (3) days off. Scheduling of days off will be determined management.
(1) An example of a core 4/10 workweek schedule of hours and shift designations, which may be changed at
management’s discretion, is as follows:
S h i f t s H o u r s
1 0600 - 1600
2 0900 - 1900
3 1600 - 0200
e. All Rangemaster/A rmorer (RA) staff who work a 5/8 or 4/10 schedule have a daily thirty (30) minute paid meal period instead of two (2) fifteen (15) minute paid rest periods. Any RA who fails to schedule and take their paid meal period will not be paid overtime for the missing said meal break.
9. Crime Scene Identificat ion Section – Crime Scene Technician I/II/Senior
a. It is expressly understood that wo rk assignments by classification, staffing levels, workweek schedules, and days off are determined solely by management, and are subject to change based on varying workload, the addition of authorized staffing, and operational and service needs of the department.
b. Crime Scene Technicians I/II/Senio r will work either a 5/8 or 4/10 workweek schedule.
(1) The hours for staff working a 5/8 workweek schedule will consist of five (5) eight (8) hour days with two (2)
consecutive days off and a thir ty (30) minute unpaid meal MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 63 break. Scheduling of days off will be determined by
management.
(2) The hours of staff worki ng a 4/10 workweek option will consist of four (4) ten (10) hour days with three (3) days off and a thirty (30) minute unpaid meal break. Scheduling of days off will be determined by management.
c. Scheduling may consist of both fixed days on and off as well as rotation of days on and off. No Crime Scene Technician shall be scheduled to work for more than forty (40) hours in any workweek.
d. Shifts may be flexed as determined by management up to a maximum of two (2) hours over or under the base hours. An example of a core 5/8 and 4/10 wo rkweek schedule of hours and shift designations, which may be changed at management’s discretion, are as follows:
5/8 shift(s) Hours
Day Shift A 0700-1530
4-10 shift(s) Hours
Day Shift B 0700-1730
Swing Shift 1500-0130
Midnight Shift 2100-0730
e. Beginning the last week in October each year, all Crime Scene Technicians II/Senior work as signments in the Crime Scene Identification Section will be open for sign ups by seniority in classification for the following year.
f. Any Crime Scene Technician II or S enior who is absent at the time of sign ups is solely responsible for obtaining and reviewing the sign up drafts and instructions and for securing a proxy to represent him/her during the sign up process. Any Crime Scene Technician II or Senior failing to sign up or failing to secure a proxy for sign-ups will be assigned to a work schedule by management.
g. Assignments as a result of annu al sign-ups will begin on or about January 1
st of each year.
Immediately following the sign-ups for work assignments Crime Scene Technician I/II/Senior may bi d to schedule, by seniority in classification vacation in rounds, in an amount equal to the maximum vacation time accrued by the Crime Scene Technician for the calendar year during which the employee bids for vacation MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 64 scheduling. Said vacation shall be scheduled to be taken between January 1st following the bid and December 31st of each calendar year. The first two (2) rounds shall be limited to signups for consecutive weekly blocks. R ounds will continue until every member has had a chance to sign up for all eligible vacation hours.
h. Probationary Crime Scene Technician I’s may not be permitted to sign up for shifts but shall instead be assigned by the department to a shift and rotated between shi fts for training purposes until promoted to the level of Cr ime Scene Technician II. Upon promotion, a Crime Scene Tec hnician II may apply for vacant positions as set forth in sub-section (e), above.
i. Crime Scene Technician I’s with less than six (6) months of employment cannot use vacati on time. However, Crime Scene Technician I’s may sign up for a vacation block that is after their six (6) month anniversary date.
j. Order back to work will conti nue to first be done on a voluntary basis. However, if there are no volunteers, management reserves the right to order back Crime Scene Technician(s) to meet operation and service needs of the department.
k. Crime Scene Technicians att ending training can be scheduled for such training during an eight-hour, five-day workweek, or an eight- hour shift basis until training is completed.
l. This Alternative Workweek Sche dule may be cancelled by the City following thirty (30) days writte n notice to the affected Crime Scene Technicians and the Labor Relations Division, at which time all employees will revert to the 5/8 workweek.
m. The decision to discontinue the 4/10 workweek and revert to the standard workweek and vacation scheduling that was in existence prior to the establishment of the 4/10 workweek, is not appealable or grievable.
10. Except for emergencies it is ex pressly understood that all medical and dental appointments will be scheduled on off-duty time if possible.
C. INVESTIGATIONS
When a police civilian employee is under investigation and subjected to interrogation by the department, which co uld lead to disciplinary action as defined below, the interr ogation shall be conducted under conditions listed hereunder.
1. Internal Investigations. Disciplinar y action is defined as any action which MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 65 may lead to dismissal, demotion, suspension, fine in-lieu of suspension, reduction in salary, written reprim and or transfer for the purposes of punishment. An oral reprimand is not within the meaning of disciplinary action.
a. Reasonable Hour. The inte rrogation shall be conducted at a reasonable hour, preferably at a ti me when the police civilian employee is on duty, unless the se riousness of the investigation requires otherwise.
b. Off-duty Compensation. The employee shall be compensated if the interrogation occurs off duty.
c. Names of Interrogators. Th e police civilian employee under investigation shall be informed prio r to such interrogation of the rank, name and command of the officer in charge of the
interrogation and all others who will be present at the interrogation.
d. Nature of Interrogation. The police civilian employee under investigation shall be informed of the nature of the investigation prior to any interrogation.
e. Reasonable Period. The in terrogation session shall be for a reasonable period, taking into c onsideration the gravity and complexity of the issue being investigated.
f. Personal Necessities. The person under interrogation shall be allowed to attend to their own personal, physical necessities.
g. Absence of Threats, Promises of Reward and Publicity. The police civilian employee under interrogat ion shall not be subjected to offensive language or threate ned with disciplinary action.
However, a police civilian employee shall be informed that failure to answer questions directly rela ted to the investigation or interrogation may result in discip linary action. No promise of reward shall be made as an induce ment to answering questions.
The employer shall not cause th e police civilian employee under interrogation to be subjected to visits by the press or news media without the employee’s express consent, nor shall the employee’s home address or photographs be giv en to the press or news media without the employee’s express consent.
h. Record of Interrogation. The interrogation may be recorded, and if it is, the police civilian employee shall have access to the tape if any further proceedings are contem plated or prior to any further interrogation at a subsequent time.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 66 i. Own Recording. The polic e civilian employee being interrogated shall have the right to bring a recording device and record any and all aspects of the interrogation.
j. Notes of Stenographer. The police civilian employee shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which ar e deemed by the investigating agency to be confidential. No notes or reports which are deemed to be confidential may be entered in the police civilian employee's personnel file.
k. Exclusions. Excluded from the above are discussions with police civilian employees in the normal course of duty, counseling, instruction, informal verbal adm onishment, routine or unplanned contact with a supervisor. This Section shall not apply to a criminal investigation.
2. Rights of Repres entation Upon Request. Whenever an interrogation focuses on matters which are likely to result in disciplinary action against any police civilian employee, that empl oyee, at the employee’s request, shall have the right to be represented by a representative of the employee’s choice who may be pr esent at all times during such interrogation. The repres entative shall not be a person subject to the same investigation.
This Section shall not apply to any discussions with a police civilian employee in the normal course of duty, counseling, instruction, informal verbal admonishment, or other routine or unplanne d contact with a supervisor or any other police civili an employee. This Section shall not apply to a criminal investigation.
3. Right of Privacy. No police civilian employee shall be required or requested for purposes of job assignm ent or other personnel action to disclose any item of the employee’s property income, assets, source of income, debts or personal or domestic expenditures (including those of any member of the employee’s family or household) unless such information is obtained or requir ed under state law or proper legal procedure.
4. Right of Privacy Extended to Stor age Space. No police civilian employee shall have the employee’s locker or other space for storage that may be assigned to the employee, searched except in the employee’s presence, or with the employee’s consent, or unless a valid search warrant has been obtained or where the employee has been notified that a search will be conducted. This Section shall apply only to lockers or other space for storage that is owned or leased by the employing agency.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 67
5. Language shall be included on oral r eprimands which states that when signing, an employee makes no adm ission of guilt regarding the statements included in the reprimand. Oral reprimands will be retained only in the Police Department's divisional files. Employees are entitled to a copy of any oral reprimand they receive.
6. Article X, Section D. applies only to member s of this Unit who are assigned to the Police Department and shall take precedence over any other conflicting section of this MOU.
D. ABSENT WITH SUBSTITUTE (AWS)
1. AWS With Trade - In a ccordance with Section 7(p )(3) of the Fair Labor Standards ACT (FLSA), as discussed in 29 CFR 553.31, Community Services Officers (CSO’s), Identif ication Technicians, Emergency Service Dispatchers, and Administrative Clerks assigned to the Records Bureau may substitute for one another when staffing levels do not permit these employees to take time off. Any employee in the classes noted above that seeks to have a substitute cover a shift will be responsible for finding an off-duty replacement to work the shift. The s ubstitution must be during scheduled work hours and in the performance of work in the same capacity. The hours worked are excluded by the City in the calculation of the hours for whic h the substitute employee would otherwise be entitled to overtime compensation under the FLSA and under the overtime provisions of this MOU. When one employee substitutes for another, the employ ee being substituted for will be credited as if the employee had work ed their normal schedule for that shift.
2. AWS With Compensation - When one employee substitutes for another, the employee being substituted for will be credited as if the employee had worked their normal schedule for th at shift. If the substituting employee wishes to be compensated fo r the substitute shift worked at the base/straight time rate of pay, then the employee being substituted for shall transfer the applicable number of holiday leave, vacation, or CTO hours to the substituting employee’s “like” account. The employee being substituted for may only select one account from which to take hours for transfer, and those hours shall onl y be transferred to the volunteer substitute’s “like” account. If the substituting employee’s selected account is at the maximum allowable balance, the substituting employee shall be compensated at the base/stra ight time rate of pay from the transferred hours.
3. AWS Notification to Department - Employees wishing to provide a substitute must notify the department at least 24 hours in advance of the substitution on a form provided for that purpose. The substitute must be satisfactory to the department. If the substitute is determined to not be a satisfactory substitute, the employ ee’s supervisor shall provide the MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 68 reason(s) in writing within one hour of personal notification to the supervisor. The responsibility of seeking a suitable substitute remains with the employee regar dless of when an employee notifies the department of the substitute.
4. Employees on probation may utilize fo rty (40) hours of AWS to take time off during any calendar quar ter, with no restrictions on how many hours of AWS can be worked during a ca lendar quarter. Probationary employees who desire to utilize more than forty (40) hours of AWS may do so with Commander approval.
Employees who have completed probation may utilize one hundred- twenty (120) hours of AWS to take ti me off during any calendar quarter, with no restriction on how many of hours of AWS can be worked during a calendar quarter. Non-probationar y employees who desire to utilize more than one hundred-twenty (120) hours during a calendar quarter may do so with Commander approval.
5. Once an employee has agreed to subs titute for another employee, and the substitution has received super visor approval, the substituting employee is responsible for work on the specified date and time of the traded shift or partial shift. In the event the substituting employee cannot work the shift or partial shift, the substituting employee is responsible for obtaining a replacement substitute. When no replacement substitute can be provided, and the initial substituting employee fails to work the shift or partial shift, holiday, CTO, or vacation leave shall be charged to the account of the employee normally scheduled to work.
6. AWS provisions in department po licies and procedures and/or Bureau Operation Manuals are not superseded by Section D.
E. COURT APPEARANCES
Notwithstanding the provisions of Chapter 3, Article 1, Section 3-117 of the FMC, the following rules shall apply to court appearances.
Employee’s Regularly Scheduled Day Off:
1. If an employee receives a departm ental notice or subpoena requiring a court appearance on the employee's r egularly scheduled day off, or on vacation, or on a day off on compens atory time-off which has been approved prior to notice and/or the employee's receipt of a departmental notice or subpoena, and t he employee has not been released by the Court Liaison Office (CLO) by 1700 hour s of the day prior to the court appearance, the employee shall have the following apply for their compensation:
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 69 a. Pay for court appearance st andby duty shall be one hour at one and one-half (1 ½) times the employee’s base rate of pay which may be taken as CTO by the employee.
b. In the event an employ ee who is on court appearance standby duty at home, appears in court, the member shall be compensated for four (4) hours pay at one and one half (1 ½) times the rate of pay, or one and one half (1 ½) times the employees base rate of pay for the actual time of appearance, whichever is greater. This compensable time starts from the time the employee reports to the court at the directed appearance ti me through comp letion of the appearance.
Employee’s Regular Day of Work:
2. If an employee receives a departm ental notice or subpoena requiring a court appearance on a regular day of work which falls outside of assigned work hours, and the employee has not been released by the Court Liaison Office (CLO) by 1700 hours of the day prior to the court appearance, the employee shall have the following apply for their compensation:
a. Pay for court appearance st andby duty on a work day, as described above, shall be one (1) hour at one and one half (1 ½) times the employee’s base rate of pay.
b. In the event an employ ee who is on court appearance standby duty prior to or after their shift is required to appear in court, they shall also be compensated for a minimum of three (3) hours at one and one half (1 ½) times the employ ee’s base rate of pay, or at one and one and one half (1 ½) times their base rate of pay for the actual time of the appearance, wh ichever is greater. This compensable time starts from the time the member is ordered to report to the court through completion of the appearance.
c. If the court appearance falls duri ng the shift and continues beyond the end of the shift, the employee shall be pai d at the applicable hourly rate for the actual time spent in court.
d. In the event an employee’s ap pearance is required via telephone or other means of electronic comm unication in any judicial or administrative proceedi ng as a witness, the employee shall be compensated at a minimum of one (1) hour at one and one half (1 ½) times their base rate of pay, or at one and one half (1 ½) times their base rate of pay for the actual time of the appearance, whichever is greater.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 70 e. In the event a member is off on a regular day of work as a result of AWS, and is required to make a court appearance, the member shall be compensated for court time as if it was a regularly scheduled day off. Conversely, in the event a member is substituting as a result of AWS on a regularly scheduled day off/vacation/holiday/CTO/ EITO, t he substituting employee shall be compensated as if it was a regularly scheduled day off.
3. Time spent on court appearance standby duty (i.e., at home) shall not be considered hours worked.
4. The provisions of Section E s hall apply to employees who are required to appear in any judicial or admin istrative proceeding as a witness pursuant to subpoena, court order, or request of the District Attorney.
This provision shall apply to all judi cial proceedings (civil, criminal, or administrative) and Civil Service pr oceedings in which an employee's presence is ordered, directed, or requested because of their employment.
5. The City and the Association agr ee to meet, as necessary, to discuss concerns involving the Court Liaison Program.
F. FAMILY EVENTS
In the event an employee requests paid time off (vacation, CTO, or holiday time), excluding those holidays as set forth in Article VIII, Section T of this MOU, not less than two (2) weeks in advance to attend a major family or social event, such as weddings, birthdays, graduations, etc., such request shall only be denied in an emergency. An emergency is defined as circumstances beyond the control of the City and not having been known in advance of the circumstance creating the emergency. An employee may be granted one (1) family event for a period no longer than a single work shift, with a total of two (2) family events per fiscal year until January 1, 2025, after which the number of family events per fiscal year will increase to three (3) . Approval will be limited to one (1) employee per shift for Dispatch. When more than one Dispatcher is requesting time off for a non-city holiday on the same day, the employee who is granted time off shall be selected using a lottery system. The department shall have two (2) lotteries, one for Shifts A, B, and C, and one for Shifts D, E, and F. Both a winner and a runner-up shall be drawn in each lottery. Lottery winners will be required to take the requested shift o ff and may not trade or use AWS during that shift. Should the lottery winner cancel their time off for a family event more than 48 hours prior to the scheduled day off, the runner-up will be offered the opportunity to take time off for a family event that day. If the runner-up does not accept the time off for a family event that day, the department will not offer that day to any other employee for a family event. Approval will be limited to one (1) employee per shift for the Crime Scene Bureau. Time off pursuant to this section shall not include leaves protected by state of federal statutes. Employees taking time off pursuant to statutory leaves may do so consistent with City policy and MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 71 law, and shall not be subject to the lottery system described herein for such protected absences.
G. EMERGENCY SERVICES DISPATCHERS
1. The probationary period for employ ees in the Emergency Services Dispatcher I class assigned to the Police Communications Bureau shall be up to eighteen (18) months, at the discretion of management.
2. Emergency Services Dispatcher s who are placed on sick leave verification will not be acceptable as a replacement for purposes of available overtime, with the exception of order back.
3. Any ESD III who voluntarily demotes shall retain seniority earned as a III in addition to time in the lower classifications for the purposes of bidding on vacation slots or shift assignments. Bidding rights for vacation slots or shift assignments shall not be applicable for any bi dding process that is initiated and/or complet ed prior to the employee’s return to the lower classification.
H. RESOURCE OPTIMIZATION SYSTEM
The Department may utilize a resource optimization system to determine the number and scheduling of shifts, the number and configuration of policing areas, the number of employees assigned to eac h shift, and the day off configuration and/or rotation of days off.
I. CRITICAL INCIDENTS
Upon ratification and approval of this Agreement, the City’s Police Department agrees to include the Association in any employee committees or labor management discussions related to dev eloping policies, procedures and subsequent implementation for critic al incidents for Emergency Services Dispatchers and Crime Scene Technicians.
J. ESD TRAINING DIFFERENTIAL
Employees occupying the Emergency Se rvices Dispatcher II class and assigned to train newly hired Emergency Services Dispatcher Is in the Police Department Communications Bureau shall re ceive a 5% salary differential for all hours assigned to train. This pay is pensionable under the City of Fresno Retirement System.
Prior to receiving such an assignmen t, the ESD II must first successfully complete the ESD III testing process and remain assigned to their current shift.
The employee shall maintain the status of an ESD II for all purposes, including bidding for positions and maintaining the employee’s seniority level.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 72
K. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT
EMPLOYEES
Employees in the Records Division and Communications Bureau shall be paid for all assigned hours when assigned Acting in accordance with the provisions of Article VIII., Section I and when su ch assignments are given for a minimum of one (1) hour.
L. SHIFT DIFFERENTIAL – COMMUNICATIONS BUREAU
Emergency Service Dispatchers I/II/III who are assigned to work a shift commencing at 3:30 a.m. shall receive a premium pay of one dollar ($1.00) per hour for all hours worked that shift. This shift differential will only be paid to an employee who is assigned to a shift co mmencing at 3:30 a.m. and actually works said shift. Emergency Service Dispatchers assigned other shifts shall receive shift differential in accordance with the provisions of Article VIII., Section L.
M. SPECIAL EVENTS AND CONTRACT LAW ENFORCEMENT SERVICES
1. All special events and contract law enforcement services (CLES), as determined by the Chief of Police or designee, shall be considered special detail assignments and compensation for hours worked shall be at one and one half (1 ½) times the applicable base rate of pay for the class. Such pay shall not be credi ted towards years of service for retirement benefits or regular overtime.
2. All special assignment s shall be on a volunteer basis, except exterior Fair, Fair Crime Prevention, and Chukchansi Park Stadium assignments.
The number of CSO’s assigned to special events shall be determined by the Chief of Police or designee.
3. An assignment list shall be the bas is for all CSO assignments. CSO’s who desire to be placed on the assignment list shall notify the Chief’s designated representative. All CS O’s on the assignment list shall be notified by voice mail w hen policing special event s and/or contract law enforcement services positions are available. Positions shall be filled using the following process:
a. The Chief’s designated repres entative will sequentially number the calls, starting with the fi rst CSO responding from the assignment list, and so on. The designated representative will then use computer spreadsheet software programmed to select a random number drawn fr om the sequential num bers assigned to the responding CSO’s. The random number selected will be the starting point for making assignments, and for filling the positions.
If the positions are not filled afte r going through the entire list of MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 73 numbers, the designated representative will continue through the list again, and so on, until all t he positions are assigned or a subsequent notification is issued.
b. CSO’s who desire to be plac ed on the assignment list must have completed their probation. CSO’s on sick leave, industrial injury leave, “temporary light duty,” or unpaid leave shall not be eligible.
4. Any CSO who fails to appear for an assignment or fails to notify the designated representative of the i nability to work the assignment 24 hours prior to the beginning of the assignment schedule shall be removed from the assignment list. Any CSO who is removed from the assignment list shall not be eligible for reinst atement to the assignment list for a period of six (6) months. Removal from the assignment list shall not be deemed a disciplinary action pursuant to Civil Service Board rules and is not appealable or grievable.
a. CSO’s performing special event s/contract law enforcement services assignments shall be subj ect to all rules, orders, and procedures of the Police Department.
b. In no event shall a CSO perform ing special events/contract law enforcement services work be assigned to a job site where a labor union picket line has been established.
5. Compensation
a. CSO’s shall receive one and one hal f (1 ½) times their base rate of pay for special events and CLES. The parties agree that for the purpose of FLSA regulations, compensation paid for working special events and CLES is at t he applicable overtime rate, and shall not be compensation for pensi on plan benefits calculations or regular overtime.
b. A CSO reporting to an assignment site shall receive a minimum of four (4) hours pay regardless of actual time worked. Employment of more than four (4) hours shall be paid to the nearest tenth of an hour for the actual time worked.
c. Any accident, illness or injury whic h arises out of, or occurs in the course of employment for special events or CLES shall be covered under the City’s workers compensation plan pursuant to this MOU.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 74
ARTICLE XI
HEADINGS/REFERENCES/CITATIONS
A. HEADINGS
MOU article, provision, and paragraph headings (includes exhibits, addendums, attachments, agreements and side letters) c ontained herein are solely for the purpose of convenience, and shall not affect the construction or interpretation of any of the language of this MOU.
B. REFERENCES/CITATIONS
References/citations in this MOU (including exhibits, addendums, attachments, agreements, and side letters) to any existing federal, st ate, or city ordinances, rules, regulations, policies, AO, Salary Resolution sections and subsections thereof, and side letters in no way incorporates said references/citations into this MOU unless so noted.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 75
ARTICLE XII
SAVING CLAUSE/FULL UNDERSTANDING
A. SAVING CLAUSE
In the event any article, section, or portion of this MOU should be held invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specifically specified in the court's decision, and upon issuance of such a decision, the City and the Association agree to immediately meet and confer upon a substitute for the invalidated article, section, or portion thereof.
B. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the parties, and any previous understanding or agreements by the parties regarding any such matters are hereby superseded and terminated in their entirety. With respect to side letter agreements, any not attached to this MOU are hereby terminated in their entirety. Side letter agreements attached to this MOU shall continue in force subject to the terms contained therein, or in the absence of specified terms the side letter agreements shall terminate upon the expiration of this MOU. Any side letter agreements entered into during the term of the MOU shall be attached to this MOU and contin ue in force subject to the terms and conditions set forth in each side letter. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this MOU, or in a side letter agreement signed by both parties. This paragraph is not intended to prevent either party from relying on discussions which occurred during the meet and confer process for the purpose of clarifying the meaning of this MOU.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 76
ARTICLE XIII
TERM* * *
This MOU shall be in full force and effect from June 17, 2024 through June 15, 2025, subject to the Sections (A., B. and C.) below.
A. This MOU shall become effective only a fter ratification by the members of the Association, followed by City Council approval and the expiration of the waiting period for the Mayor's action provi ded in Charter sections 605 and 609, and after all parties named on the signature page of this MOU have signed the MOU, and shall remain in full force and effect through June 15, 2025.
B. During the life of this MO U, should either party desire to modify its terms or to meet and confer as to matters within the scope of representation not addressed in this MOU, the party requesting such m odification shall request in writing to meet and confer on the item, which item shall be specified in writing.
C. During the life of this MOU, either party may refuse such request without explanation if the item is directly rela ted to or is an item directly considered herein, or if the specific item was included in a wri tten proposal of the party making the request during the meet and confer process which led to this MOU.
It is agreed by the partie s that the City may request to meet and confer on amendments to this Article during the life of this MOU. Further, the parties agree that, if no agreement is r eached on amendments to this Article, neither party may take action on such amendment(s) without the consent of the other party.
It is further agreed, however, that this Ar ticle shall not prohibit the parties from requesting to meet and conf er on changes to federal or state statutes, or City AO, policies and procedures referred to or cited in this MOU, and which affect the implementation of this MOU, in which case the request to meet and confer shall not be refused.
MOU between the City and FCEA 06/17/2024 – 06/15/2025 Page 77 IN WITNESS WHEREOF, the parties her eto have set their hands this _____ day of _______________ , 2024.
FOR THE FRESNO CITY EMPLOYEES
ASSOCIATION:
_______________________________
TONY SILVA
Labor Representative
FOR THE CITY OF FRESNO:
_______________________________
JENNIFER MISNER
Assistant Director of Personnel Services
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: ______ _________________
Assistant City Attorney
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 78
SALARY SCHEDULE
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Account Clerk I 3014 3151 3293 3446 3610
Account Clerk II 3332 3485 3651 3816 3992
Accountant-Auditor I 4875 5099 5335 5594 5856
Accountant-Auditor II 5343 5590 5861 6140 6431
Accounting Technician 4022 4211 4409 4612 4831
Administrative Clerk I 2797 2927 3057 3198 3343
Administrative Clerk II 3343 3496 3655 3826 4001
Airports Credentialing Technician 3894 4075 4264 4467 4677 Airports Operations Officer I 4879 5119 5365 5634 5915
Airports Operations Officer II 5365 5634 5915 6211 6522 Animal Care Specialist I 3293 3458 3631 3812 4003
Animal Care Specialist II 3623 3804 3994 4194 4404
Animal Resource Officer I 4024 4207 4402 4606 4820
Animal Resource Officer II 4415 4620 4835 5064 5303
Animal Services Representative I 3361 3513 3673 3844 4024 Animal Services Representative II 3671 3842 4023 4205 4398 Associate Electrical Safety
Consultant I 6092 6381 6688 7003 7341
Associate Electrical Safety
Consultant II 6711 7033 7366 7720 8095
Associate Environmental & Safety
Consultant I 6092 6381 6688 7003 7341
Associate Environmental & Safety
Consultant II 6711 7033 7366 7720 8095
Associate Plumbing & Mechanical
Consultant I 6092 6381 6688 7003 7341
Associate Plumbing & Mechanical
Consultant II 6711 7033 7366 7720 8095
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 79
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Billing System Specialist 4429 4638 4857 5076 5313
Budget Technician 4023 4208 4406 4613 4831
Building Inspector I 5569 5833 6109 6404 6706
Building Inspector II 6092 6381 6688 7003 7341
Building Inspector III 6711 7033 7366 7720 8095
Call Center Representative I 3671 3841 4030 4205 4399
Call Center Representative II 4036 4218 4413 4621 4837 Central Printing Clerk 3342 3495 3654 3826 4001
Chemist 5305 5562 5824 6103 6394
City Records Specialist 4009 4195 4391 4597 4816
Commercial Building Inspector 6092 6381 6688 7003 7341 Community Recreation Assistant 4063 4245 4421 4600 4800 Community Revitalization Specialist 5435 5696 5969 6295 6557 Community Revitalization
Technician 3781 3957 4141 4337 4541
Community Services Officer I 4024 4207 4402 4606 4820
Community Services Officer II 4415 4620 4835 5064 5303
Computer Systems Specialist I 5636 5897 6178 6475 6781 Computer Systems Specialist II 6178 6471 6779 7102 7447 Computer Systems Specialist III 6781 7106 7449 7805 8184 Construction Compliance Specialist 4659 4872 5105 5348 5598 Crime Scene Technician I 4460 4668 4889 5121 5364
Crime Scene Technician II 4889 5121 5364 5618 5889
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 80
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Crime Specialist 5593 5857 6138 6431 6743
Customer Services Clerk I 3361 3513 3673 3844 4024
Customer Services Clerk II 3671 3842 4023 4205 4398
Cybersecurity Analyst 6781 7106 7449 7805 8184
Deputy City Clerk 3665 3835 4012 4200 4392
Development Services Coordinator 5702 6015 6308 6609 6926 Digital Forensics Analyst 7398 7770 8157 8565 8993
Emergency Services Call Taker 5000 5227 5420 5668 5907
Emergency Services Dispatcher I 5000 5227 5420 5668 5907 Emergency Services Dispatcher II 5410 5662 5931 6210 6496 Emergency Services Dispatcher III 5948 6220 6521 6800 7145 Engineer I 7081 7435 7806 8196 8606
Engineer II 7991 8392 8811 9251 9713
Engineering Aide I 3488 3643 3809 3987 4177
Engineering Aide II 4144 4339 4534 4745 4976
Engineering Inspector I 5574 5857 6121 6410 6721
Engineering Inspector II 6102 6390 6698 7018 7356
Engineering Technician I 4098 4289 4496 4696 4918
Engineering Technician II 5012 5257 5499 5755 6031
Environmental Control Officer 5233 5484 5737 6010 6293
Facilities Construction Specialist 5348 5596 5863 6142 6438 Fire Prevention Inspector I 4726 4948 5173 5427 5685
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 81
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Fire Prevention Inspector II 5448 5696 5969 6262 6557
Fleet Operations Specialist 4998 5230 5483 5741 6017
Geographic Information System
(GIS) Specialist 6781 7106 7449 7805 8184
Geographic Information System
(GIS) Technician I 5632 5894 6173 6470 6776
Geographic Information System
(GIS) Technician II 6178 6469 6779 7102 7447
Graphics Technician 4397 4609 4832 5068 5315
Helicopter Pilot 6666 6991 7333 7693 8072
Housing Rehabilitation Specialist 5417 5681 5962 6254 6557 Industrial/Commercial Water
Conservation Representative 5242 5492 5747 6021 6305
Interpreter/Translator 5788 6106 6403 6709 7030
Laboratory Assistant 3659 3833 4010 4197 4391
Laboratory Technician I 4399 4605 4821 5046 5282
Laboratory Technician II 4831 5056 5295 5548 5812
Landscape Water Conservation
Specialist 5227 5476 5737 6008 6293
Law Office Assistant 4394 4609 4833 5068 5313
Network Systems Specialist 6781 7106 7449 7805 8184
PAR Program Specialist 3781 3957 4141 4337 4541
Paratransit Specialist 4027 4217 4416 4615 4831
Park Ranger I 4024 4207 4402 4606 4820
Park Ranger II 4415 4620 4835 5064 5303
Parking Enforcement Officer I 3541 3687 3839 3990 4159
Parking Enforcement Officer II 3879 4044 4211 4381 4577 MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 82
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Parking Enforcement Officer III 4271 4444 4643 4833 5041 Phlebotomist 3659 3833 4010 4197 4391
Planner I 5338 5578 5845 6126 6420
Planner II 5790 6108 6406 6710 7032
Plans Examiner 5843 6106 6400 6713 7029
Plans and Permit Technician 5325 5574 5827 6113 6404
Police Data Transcriptionist 4273 4470 4678 4895 5125
Police Support Services Clerk 3547 3711 3882 4062 4250
Police Support Services Technician 3894 4075 4264 4467 4677 Principal Account Clerk 4022 4211 4409 4612 4831
Procurement Specialist 5051 5293 5542 5806 6083
Program Compliance Officer 4319 4532 4753 4984 5227
Programmer/Analyst I 5639 5902 6182 6480 6785
Programmer/Analyst II 6178 6471 6779 7102 7447
Programmer/Analyst III 6781 7106 7449 7805 8184
Programmer/Analyst IV 7448 7810 8189 8578 8992
Property & Evidence Technician 4394 4600 4816 5043 5281 Property Specialist I 5221 5473 5732 6001 6292
Property Specialist II 6050 6338 6644 6959 7296
Radio Dispatcher 3711 3878 4040 4218 4391
Radio Frequency (RF) Network
Engineer I 6178 6471 6779 7102 7447
Radio Frequency (RF) Network
Engineer II 6781 7106 7449 7805 8184
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 83
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Rangemaster/Armorer 5122 5365 5619 5890 6169
Real Estate Finance Specialist I 4233 4431 4632 4854 5083 Real Estate Finance Specialist II 5536 5797 6074 6360 6661 Recreation Specialist 4367 4568 4783 5008 5242
Retirement Counselor I 4021 4210 4408 4614 4831
Retirement Counselor II 4420 4626 4844 5073 5313
Safety and Training Specialist 4720 4949 5193 5446 5713 Secretary 4039 4227 4424 4628 4847
Senior Account Clerk 3664 3830 4006 4195 4392
Senior Administrative Clerk 3675 3846 4023 4210 4407
Senior Animal Care Specialist 3985 4184 4393 4613 4844
Senior Animal Resource Officer 4866 5095 5333 5580 5845 Senior Animal Services
Representative 4482 4683 4900 5130 5371
Senior Call Center Representative 4405 4617 4840 5075 5321 Senior Commercial Building
Inspector 6711 7033 7366 7720 8095
Senior Community Revitalization
Specialist 6092 6378 6675 6998 7337
Senior Community Services Officer 4866 5095 5333 5580 5845 Senior Crime Scene Technician 5122 5365 5619 5890 6169
Senior Customer Services Clerk 4482 4683 4900 5130 5371 Senior Cybersecurity Analyst 7446 7808 8186 8576 8990
Senior Deputy City Clerk 4022 4207 4406 4612 4831
Senior Engineering Technician 5519 5781 6052 6343 6635
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 84
TABLE I
SALARIES EFFECTIVE JUNE 17, 2024
CLASS TITLE A B C D E
Senior Fire Prevention Inspector 6092 6378 6675 6998 7337 Senior Laboratory Technician 5385 5643 5912 6193 6488
Senior Network Systems Specialist 7446 7808 8186 8576 8990 Senior Park Ranger 4866 5095 5333 5580 5845
Senior Plans Examiner 6417 6717 7030 7371 7730
Senior Procurement Specialist 5542 5806 6083 6374 6676
Senior Property & Evidence
Technician 4831 5059 5298 5545 5810
Senior Radio Frequency (RF)
Network Engineer 7446 7808 8186 8576 8990
Senior Records Clerk 3664 3833 4011 4198 4391
Senior Secretary 4022 4207 4406 4612 4831
Senior Storeskeeper 4394 4600 4816 5043 5281
Senior Utility Service
Representative 4418 4625 4844 5071 5313
Senior Water Systems Telemetry &
Distributed Control Specialist 7446 7808 8186 8576 8990 Staff Assistant 4028 4217 4417 4616 4832
Storeskeeper 3992 4179 4372 4577 4792
Survey Party Technician 5012 5257 5499 5755 6031
Tax/Permit Inspector 4726 4949 5175 5430 5686
Traffic Signal Operations Specialist 6773 7096 7439 7793 8174 Transit Scheduler 6773 7096 7439 7793 8174
Tree Program Specialist 4997 5232 5485 5745 6017
Utility Service Representative I 3663 3832 4009 4197 4391 Utility Service Representative II 4021 4210 4406 4613 4830 Wastewater Reclamation
Coordinator 5221 5473 5732 6001 6292
Water Conservation Representative 3780 3957 4141 4335 4540 Water Systems Telemetry &
Distributed Control Specialist 6165 6457 6766 7089 7430 MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 85
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Account Clerk I 3075 3215 3359 3515 3683
Account Clerk II 3399 3555 3725 3893 4072
Accountant-Auditor I 4973 5201 5442 5706 5974
Accountant-Auditor II 5450 5702 5979 6263 6560
Accounting Technician 4103 4296 4498 4705 4928
Administrative Clerk I 2853 2986 3119 3262 3410
Administrative Clerk II 3410 3566 3729 3903 4082
Airports Credentialing Technician 3972 4157 4350 4557 4771 Airports Operations Officer I 4977 5222 5473 5747 6034
Airports Operations Officer II 5473 5747 6034 6336 6653 Animal Care Specialist I 3359 3528 3704 3889 4084
Animal Care Specialist II 3696 3881 4074 4278 4493
Animal Resource Officer I 4105 4292 4491 4699 4917
Animal Resource Officer II 4504 4713 4932 5166 5410
Animal Services Representative I 3429 3584 3747 3921 4105 Animal Services Representative II 3745 3919 4104 4290 4486 Associate Electrical Safety
Consultant I 6214 6509 6822 7144 7488
Associate Electrical Safety
Consultant II 6846 7174 7514 7875 8257
Associate Environmental & Safety
Consultant I 6214 6509 6822 7144 7488
Associate Environmental & Safety
Consultant II 6846 7174 7514 7875 8257
Associate Plumbing & Mechanical
Consultant I 6214 6509 6822 7144 7488
Associate Plumbing & Mechanical
Consultant II 6846 7174 7514 7875 8257
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 86
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Billing System Specialist 4518 4731 4955 5178 5420
Budget Technician 4104 4293 4495 4706 4928
Building Inspector I 5681 5950 6232 6533 6841
Building Inspector II 6214 6509 6822 7144 7488
Building Inspector III 6846 7174 7514 7875 8257
Call Center Representative I 3745 3918 4111 4290 4487
Call Center Representative II 4117 4303 4502 4714 4934 Central Printing Clerk 3409 3565 3728 3903 4082
Chemist 5412 5674 5941 6226 6522
City Records Specialist 4090 4279 4479 4689 4913
Commercial Building Inspector 6214 6509 6822 7144 7488 Community Recreation Assistant 4145 4330 4510 4692 4896 Community Revitalization Specialist 5544 5810 6089 6421 6689 Community Revitalization
Technician 3857 4037 4224 4424 4632
Community Services Officer I 4105 4292 4491 4699 4917
Community Services Officer II 4504 4713 4932 5166 5410
Computer Systems Specialist I 5749 6015 6302 6605 6917 Computer Systems Specialist II 6302 6601 6915 7245 7596 Computer Systems Specialist III 6917 7249 7598 7962 8348 Construction Compliance Specialist 4753 4970 5208 5455 5710 Crime Scene Technician I 4550 4762 4987 5224 5472
Crime Scene Technician II 4987 5224 5472 5731 6007
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 87
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Crime Specialist 5705 5975 6261 6560 6878
Customer Services Clerk I 3429 3584 3747 3921 4105
Customer Services Clerk II 3745 3919 4104 4290 4486
Cybersecurity Analyst 6917 7249 7598 7962 8348
Deputy City Clerk 3739 3912 4093 4284 4480
Development Services Coordinator 5817 6136 6435 6742 7065 Digital Forensics Analyst 7546 7926 8321 8737 9173
Emergency Services Call Taker 5100 5332 5529 5782 6026
Emergency Services Dispatcher I 5100 5332 5529 5782 6026 Emergency Services Dispatcher II 5519 5776 6050 6335 6626 Emergency Services Dispatcher III 6067 6345 6652 6936 7288 Engineer I 7223 7584 7963 8360 8779
Engineer II 8151 8560 8988 9437 9908
Engineering Aide I 3558 3716 3886 4067 4261
Engineering Aide II 4227 4426 4625 4840 5076
Engineering Inspector I 5686 5975 6244 6539 6856
Engineering Inspector II 6225 6518 6832 7159 7504
Engineering Technician I 4180 4375 4586 4790 5017
Engineering Technician II 5113 5363 5609 5871 6152
Environmental Control Officer 5338 5594 5852 6131 6419
Facilities Construction Specialist 5455 5708 5981 6265 6567 Fire Prevention Inspector I 4821 5047 5277 5536 5799
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 88
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Fire Prevention Inspector II 5557 5810 6089 6388 6689
Fleet Operations Specialist 5098 5335 5593 5856 6138
Geographic Information System
(GIS) Specialist 6917 7249 7598 7962 8348
Geographic Information System
(GIS) Technician I 5745 6012 6297 6600 6912
Geographic Information System
(GIS) Technician II 6302 6599 6915 7245 7596
Graphics Technician 4485 4702 4929 5170 5422
Helicopter Pilot 6800 7131 7480 7847 8234
Housing Rehabilitation Specialist 5526 5795 6082 6380 6689 Industrial/Commercial Water
Conservation Representative 5347 5602 5862 6142 6432
Interpreter/Translator 5904 6229 6532 6844 7171
Laboratory Assistant 3733 3910 4091 4281 4479
Laboratory Technician I 4487 4698 4918 5147 5388
Laboratory Technician II 4928 5158 5401 5659 5929
Landscape Water Conservation
Specialist 5332 5586 5852 6129 6419
Law Office Assistant 4482 4702 4930 5170 5420
Network Systems Specialist 6917 7249 7598 7962 8348
PAR Program Specialist 3857 4037 4224 4424 4632
Paratransit Specialist 4108 4302 4505 4708 4928
Park Ranger I 4105 4292 4491 4699 4917
Park Ranger II 4504 4713 4932 5166 5410
Parking Enforcement Officer I 3612 3761 3916 4070 4243
Parking Enforcement Officer II 3957 4125 4296 4469 4669 MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 89
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Parking Enforcement Officer III 4357 4533 4736 4930 5142 Phlebotomist 3733 3910 4091 4281 4479
Planner I 5445 5690 5962 6249 6549
Planner II 5906 6231 6535 6845 7173
Plans Examiner 5960 6229 6528 6848 7170
Plans and Permit Technician 5432 5686 5944 6236 6533
Police Data Transcriptionist 4359 4560 4772 4993 5228
Police Support Services Clerk 3618 3786 3960 4144 4335
Police Support Services Technician 3972 4157 4350 4557 4771 Principal Account Clerk 4103 4296 4498 4705 4928
Procurement Specialist 5153 5399 5653 5923 6205
Program Compliance Officer 4406 4623 4849 5084 5332
Programmer/Analyst I 5752 6021 6306 6610 6921
Programmer/Analyst II 6302 6601 6915 7245 7596
Programmer/Analyst III 6917 7249 7598 7962 8348
Programmer/Analyst IV 7597 7967 8353 8750 9172
Property & Evidence Technician 4482 4692 4913 5144 5387 Property Specialist I 5326 5583 5847 6122 6418
Property Specialist II 6171 6465 6777 7099 7442
Radio Dispatcher 3786 3956 4121 4303 4479
Radio Frequency (RF) Network
Engineer I 6302 6601 6915 7245 7596
Radio Frequency (RF) Network
Engineer II 6917 7249 7598 7962 8348
MOU between the City and FCEA 12/06/2021 – 06/16/2024 Page 90
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Rangemaster/Armorer 5225 5473 5732 6008 6293
Real Estate Finance Specialist I 4318 4520 4725 4952 5185 Real Estate Finance Specialist II 5647 5913 6196 6488 6795 Recreation Specialist 4455 4660 4879 5109 5347
Retirement Counselor I 4102 4295 4497 4707 4928
Retirement Counselor II 4509 4719 4941 5175 5420
Safety and Training Specialist 4815 5048 5297 5555 5828 Secretary 4120 4312 4513 4721 4944
Senior Account Clerk 3738 3907 4087 4279 4480
Senior Administrative Clerk 3749 3923 4104 4295 4496
Senior Animal Care Specialist 4065 4268 4481 4706 4941
Senior Animal Resource Officer 4964 5197 5440 5692 5962 Senior Animal Services
Representative 4572 4777 4998 5233 5479
Senior Call Center Representative 4494 4710 4937 5177 5428 Senior Commercial Building
Inspector 6846 7174 7514 7875 8257
Senior Community Revitalization
Specialist 6214 6506 6809 7138 7484
Senior Community Services Officer 4964 5197 5440 5692 5962 Senior Crime Scene Technician 5225 5473 5732 6008 6293
Senior Customer Services Clerk 4572 4777 4998 5233 5479 Senior Cybersecurity Analyst 7595 7965 8350 8748 9170
Senior Deputy City Clerk 4103 4292 4495 4705 4928
Senior Engineering Technician 5630 5897 6174 6470 6768
TABLE II
SALARIES EFFECTIVE DECEMBER 30, 2024
CLASS TITLE A B C D E
Senior Fire Prevention Inspector 6214 6506 6809 7138 7484 Senior Laboratory Technician 5493 5756 6031 6317 6618
Senior Network Systems Specialist 7595 7965 8350 8748 9170 Senior Park Ranger 4964 5197 5440 5692 5962
Senior Plans Examiner 6546 6852 7171 7519 7885
Senior Procurement Specialist 5653 5923 6205 6502 6810
Senior Property & Evidence
Technician 4928 5161 5404 5656 5927
Senior Radio Frequency (RF)
Network Engineer 7595 7965 8350 8748 9170
Senior Records Clerk 3738 3910 4092 4282 4479
Senior Secretary 4103 4292 4495 4705 4928
Senior Storeskeeper 4482 4692 4913 5144 5387
Senior Utility Service
Representative 4507 4718 4941 5173 5420
Senior Water Systems Telemetry &
Distributed Control Specialist 7595 7965 8350 8748 9170 Staff Assistant 4109 4302 4506 4709 4929
Storeskeeper 4072 4263 4460 4669 4888
Survey Party Technician 5113 5363 5609 5871 6152
Tax/Permit Inspector 4821 5048 5279 5539 5800
Traffic Signal Operations Specialist 6909 7238 7588 7949 8338 Transit Scheduler 6909 7238 7588 7949 8338
Tree Program Specialist 5097 5337 5595 5860 6138
Utility Service Representative I 3737 3909 4090 4281 4479 Utility Service Representative II 4102 4295 4495 4706 4927 Wastewater Reclamation
Coordinator 5326 5583 5847 6122 6418
Water Conservation Representative 3856 4037 4224 4422 4631 Water Systems Telemetry &
Distributed Control Specialist 6289 6587 6902 7231 7579
FCEA LEAVE OF ABSENCE POLICY - Addendum I
GENERAL PROVISIONS
Employees shall complete an Employee Request for Leave of Absence Form no less than 48 hours in advance of the leave. Such l eaves shall be approved by the employee’s supervisor or departmental des ignee with due regard to the needs of the City and the desire of the employee. Emergency leaves or leaves that result from injury or illness that could not have been reasonably anticipated or predicted shall constitute an exception to the procedure mandating prior notice of the need for leave.
SICK LEAVE and Special LEAVE [for absences other than FMLA/CFRA related]
1. Members of this Unit shall not be subject to the provisions of Administrative Orders (AO) 2-19, 2-19.1 or 2-20, however,
a. Sick Leave and Special Leave shall be administered in accordance with the provisions of FMC Section 3-107.
b. The use of Sick Leave and Special Leave is a benefit provided to the employee under FMC Section 3-107 and therefore is a privilege and not a right, and is intended to be used fo r the purposes consistent with California Labor Code Sections 233 and 246 . It is the employee’s responsibility to ensure observance of the provisions of FMC Section 3-107.
c. Sick Leave shall be administered in a ccordance with the provisions of FMC Section 3-107, Sick Leave and Specia l Leave. Sick Leave shall be accumulated at the rate of one worki ng day for each completed calendar month of employment. Sick Leave shall accumulate during the probationary period but may not be used until the employee has completed ninety days of employment.
d. All other applicable provis ions of the FMC shall apply.
2. The following requirements sha ll apply to the use of Sick Leave:
a. A supervisor may require a physici an’s verification of illness for any employee who is absent from wo rk for more than five (5) consecutive working days. Departments/Divisions may establish practices requiring employees to present medical verifica tion regarding the employee’s ability to resume work after a medical absence.
b. Employee sick leave absences whic h exceed fifteen (15) calendar days shall require the employee to provi de a physician’s statement to their department no later than three (3) calendar days following the 15-day period. The physician’s statement sha ll verify the employee’s inability to
work, the estimated period of further anticipated disability, and include a description of the employ ee’s limitations or rest rictions which may be necessary for the Department/Div ision to consider reasonable accommodation. If the length of absence exceeds the stated estimated period of disability, a new physician’s statement must be provided to the department within three (3) calendar da ys following the expiration of the original estimated date of return.
c. If eligible, an employee must use accumulated Sick Leave before leave without pay for illness will be granted.
d. In the event of a work stoppage in the form of a sick out as identified by the City Manager, it shall be the policy and procedure of all supervisors to require a physician’s verification of all employees who claim to be ill or injured and request such leave. The City shall retain the discretion to allow or disallow paid Sick Leave and may request the employee to be examined by a physician of the City’s choosing. The physician’s verification shall identify the name and address of the doc tor, the period(s) of employee incapacity to work, and the date(s) examined by the physician.
SPECIAL SICK LEAVE
1. Where Special Leave charged against Sick Leave accumulation is used during the hospitalization of a member of the immedi ate family, as outli ned in FMC Section 3-107(d), verification by the attending ph ysician that the member’s presence was required shall be presented to the Department/Division immediately upon return to work by the employee.
f. It is the department/division’s responsibil ity to ensure the implementation of FMC Section 3-107, and to take appropriate acti on when necessary as set forth in AO 2-14.
VACATION LEAVE
1. Vacation shall be accumulated and admin istered in accordance with FMC Section 3-108. The use of vacation is discr etionary and must be approved by the appointing authority, or their designee, prior to the taki ng of the leave. Vacation Leave shall be approved by the empl oyee’s supervisor or designated representative with due regar d to the needs of the Cit y and the desire of the employee. Emergency leaves or leaves that result from injury or illness that could not have been reasonably anticipated or predicted shall constitute an exception to the procedure mandating prior notice of the need for leave.
2. Employees who have an accumulated va cation balance, but have been denied the use of such leave by the appointing authority or designee, may be subject to Leave without Pay unless other leaves are available and approved.
MILITARY LEAVE
1. Section 3-111 of the Fr esno Municipal Code states t hat every employee shall be entitled to military leave of absence as provided for in the Military and Veterans Code of California, Division 2, Part 1, Chapter 7.
2. The following requirement s apply to military leave:
a. A completed City of Fresno “Request fo r Leave of Absence” form shall be submitted to, and signed by, the department director.
b. Formal active duty orders shall be atta ched to the form. Formal orders are those orders directed to the employee that state type of duty, reporting date, length of duty, duty st ation, and permanent order numbers, and that bear an authorized signature.
c. A military memorandum addressed “T o Whom It May Concern” and signed by or for the commander, will allow an employee to commence military leave. However formal orders must be submitted within thirty days (30) after such leave is taken. Failure to so submit formal orders shall cause such leave to be converted to vacation leave, or to be taken without pay, unless extenuating circumstances cause the formal orders to be unavailable within the 30-day limit, and an explanatory letter signed by or for the commander is submitted to, and approved by the City Manager.
3. Ongoing resolutions provide continuing Sa lary Differential to City employees on active duty as a result of the ongoing Mi ddle Eastern conflict. The employee is eligible to receive the difference between his/her City salary and Military pay as well as the continuation of Health and Welfare benefits upon submission of military orders and military pay statements.
4. For purposes of determining a public em ployee’s right to a paid military leave of absence, all prior military service will be counted as public agency service when calculating if the employee has been employed by the public agency for a minimum of one year at the time of taking the m ilitary leave. To provide documentation regarding this prior service, the employee must submit a Form DD 214, Certificate of Release or Discharge from Active Duty showing the dates of prior service.
5. Employees returning from active milit ary leave will be allowed to commence a Leave without Pay for a period of time as specified by the Military and Veterans Code before resuming City employment.
LEAVE OF ABSENCE WITHOUT PAY
Department directors are authorized to grant leave of absence without pay for periods of ten consecutive working days or less. Leave of absence without pay is otherwise administered in accordance with Section 3-104 of the Fresno Municipal Code. Employees exempt from overtime shall not be subject to deductions of Leave without Pay in increments of less than a work day or shift. Employees with medical restrictions may be placed on a part-time basis and will receive the pro- rated salary during the time of restriction.
OTHER TYPES OF LEAVES
All other types of leaves not specifical ly mentioned above will be administered according to the appropriate section under Article 1 of the Fresno Municipal Code, or pursuant to applicable provisions within the MOU.
UNAUTHORIZED ABSENCE AS RESIGNATION
In accordance with Fresno Municipal Code Section 3-115, an employee who, without prior authorization, is absent or fails to dischar ge their regularly assigned duty for three consecutive days, or two shif ts in the case of a member of the City fire-fighting force, shall be deemed to have resigned effective as of the end of the day on which he last performed any of the duties of the position. The employee shall not be deemed to have so resigned if he renews the performance of their regularly assigned duties at the commencement of their next regular working day or on-duty shift following the expiration of the aforementioned period of absence or failure to discharge duties. Upon written request of the employee, the appointing authority may reinstate the employee upon finding there is good cause for absence or failure to perform duties, such as bona fide illness, injury, or circumstances beyond the control of the employee, and t hat the employee is ready and able to resume discharge of their duties.
FCEA ATTENDANCE POLICY - Addendum II
POLICY
A primary requirement for continued employment is regular and timely attendance. While the City recognizes some absences and tardiness may be unavoidable, City departments and the employees have an obligation to t he public that demands regular and prompt attendance.
Although it is recognized that excessive ab senteeism and tardiness is a proper reason for corrective action, it is the policy of the City to identify problem areas by keeping proper records, exploring avenues of availabl e assistance, and encouraging compliance with attendance standards.
Statutorily protected leaves are outside the scope of this Attendance Policy.
It is the employee’s responsibility to obser ve the established rule s and regulations in relation to attendance.
It is a supervisor’s responsibility to ensure the implementation of Administrative Order 2-14 (AO), Guide to Corrective Action, and the applicable provisions of the Fresno Municipal Code (FMC) and to take appropriate action when necessary.
DEFINITIONS AND PROCEDURES
1. An approved leave is defined as schedul ed leave time prearranged, approved, and authorized. An approved leave must be documented by a Request for Leave of Absence Form submitted prior to commenc ement of the leave and signed by the employee and appropriate appointing authority.
2. An employee’s use of Sick and Special Leave shall be administered pursuant to “FCEA Leave of Absence Policy”, Addendum I.
3. A tardy is defined as any failure to show up for work at the scheduled time. If you are going to be late for work, you must call your supervisor or their designated representative as soon as possible. Excessive tardiness for purposes of this shall be defined as three (3) or more tardies within a one-month period.
4. Absence without leave is defined as any employee who does not report to work in person or by telephone pursuant to the applicable provisions of the Fresno Municipal Code.
5. The City reserves the right to require an employee to report to work for the balance of the day on which tardiness occurs. Failure by the employee to report to work or remain at work for the balance of the day as directed by a supervisor or their designated representative, may be cause for corrective action, which may result in
disciplinary action.
6. Excessive absenteeism shall be defi ned as more than 96 hours of Sick Leave used in a fiscal year, not approved in advance or covered under FMLA/CFRA.
Excessive absenteeism shall be evaluated on a case-by-case basis.
DISCIPLINE LEVELS
1. Unauthorized absenteeism and excessive ta rdiness may subject an employee to corrective action as outlined in AO 2-14, which may result in disciplinary action.
2. Any employee who does not report to wo rk in person or by telephone will be considered absent without leave, and subject to corrective action as outlined in AO 2-14, which may result in disciplinary action.
3. Should a pattern of Sick Leave usage exist, which can be defined as more than twelve (12) occasions in any fiscal year of using one (1) or more days of Sick Leave that was not approved in advance nor covered under FMLA/CFRA, prior to/or after a holiday or other scheduled time off, prior to/or after the employee’s regularly scheduled days off, or consistently on the same day of the week, an employee may be subject to disciplinary action as outlined in AO 2-14.
4. All progressive discipline resulti ng from unauthorized or excessive absenteeism or excessive tardiness shall be reviewed by the Personnel Services Department prior to issuance.