Agenda packet — Hanford City Council, August 5, 2025 (part 1 of 3)

City Council Meeting
Agenda
August 5, 2025
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.

Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/

4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:

ROLL CALL BY THE CITY CLERK:

PUBLIC COMMENT:

Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

STUDY SESSION:

A. Presentation to the City Council regarding the timing of Transient Occupancy Tax (TOT) ballot measure.

B. Update and Presentation to the City Council for adoption of the East Lacey Corridor Project and Design concept.

C. Presentation to City Council and Discussion related to City Setback Regulations CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:

A. CONFERENCE WITH LEGAL COUNSEL-PROPERTY NEGOTIATIONS (GC 54956.8) APN: 012-151-001, 012-151-002, 012-151-006, 012-151-008, 012-151-009, 012-151-011, 012-151-014, 012-151-015, 012-162-003, 012-171-001, 012-171-002, 012-171-003 Negotiating Party: Valero Energy Corporation
Agency Negotiators: Chris Tavarez, Jason Waters, and Ty Mizote B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (54956.9 (d)(2)) 1 potential case.

C. PUBLIC EMPLOYMENT (GC 54957)

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Title: City Manager

CALL TO ORDER REGULAR SESSION:

ROLL CALL:

INVOCATION:

Kanye Waldon
FLAG SALUTE:

RECOGNITION:

A. Badge Pinning Ceremony and Oath of Office for Officer Mathew Novielli and new Sergeants Rolando Jaime and Chad Medeiros.

CLOSED SESSION ACTION REPORT:

PUBLIC COMMENT:

This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.

CONSENT CALENDAR:

Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

A. Waive reading in full of resolutions and ordinances and approval and adoption of same by reading the title only.

B. City Clerk: Approval of the Minutes of the June 4, 2025, Special Meeting C. City Clerk: Approval of the Minutes of the June 17, 2025 Meeting D. City Clerk: Approval of the Minutes of the June 19, 2025, Special Meeting E. City Clerk: Approval of the Minutes of the July 1, 2025, Meeting F. Human Resources: Approval of Memorandum of Understanding (MOU) with the Hanford Professional Firefighters Local 3898, IAFF Professional Firefighters Unit with changes to wages, benefits, and other working conditions, effective July 1, 2025 through June 30, 2027.

G. Human Resources: Approval of Memorandum of Understanding (MOU) with the Hanford Police Officers Association with the changes to wages, benefits, and other working conditions, effective July 1, 2025, through June 30, 2027.

H. Community Development: Approval of mural No. 0005-25, a request by Ladies Room Beauty Parlor to paint a mural onto the existing west-facing exterior wall of the Ladies Room Beauty Parlor. The property is located at 109 1/2 W. Eighth St. (APN 012-053- 004).

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I. Community Development: Approval of the Second reading and Adoption of Ordinance 25-03, approving Prezone No. 0014-25 a request to prezone Annexation 166 as a combination of R-L-12 Low-Density Residential (12,000 sq. ft. minimum lot size) and R- L-5 Low-Density Residential (5,000 sq. ft. minimum lot size) consistent with the Low- Density Residential designation on the 2035 Hanford General Plan Land Use Map. The site is a substantially surrounded county island, totaling 93.56 acres, generally located south of Fargo Avenue, north of Leland Way, west of 9 ¼ Ave.

J. Public Works: Approval of a sole source purchase of 36 Carmanah R920-MX rapid flashing beacons (RFB), from JAM Services, for pedestrian safety improvements in the amount of $274,738.50
K. Public Works: Approval a sole source purchase of sixteen (16) Carmanah solar-powered radar feedback signs from JAM Services of Livermore, CA in the amount of $94,827.

L. Public Works: Approval of the purchase of ten (10) drinking fountains from Ferguson Enterprises LLC of Fresno CA, in the amount of $80,789.66, to be installed at various parks and a landscape assessment district located within the City of Hanford and utilize existing appropriation in Measure H and appropriate landscape assessment district funding of $8,079 from LAD 0403 (Vineyard)
M. Public Works: Approval of the purchase of thirty (30) video detection systems for $721,465.95, purchase of thirty (30) Cobalt controllers for $136,326.38 and the purchase of thirty-five (35) Zinc Blue battery backups for $328,522.86 from Econolite of Anaheim, CA in an effort to upgrade signalized intersections in the City of Hanford, for a grand total of $1,186,315.19
N. Public Works: Approval of the purchase of twenty-four (24) Internally Illuminated Street Signs (IISS) from JAM Services of Livermore, CA for the amount of $58,666.09.

O. Fire: Approval to purchase a replacement Battalion Chief Pick-up Truck from Keller Ford (Hanford, CA) and upfitting in the amount of $110,210.37, and appropriation of an additional $30,210.37 from the Fleet Replacement Reserve to cover the total cost.

P. Police: Authorization to accept the Homeland Security Grant, which was awarded through the County of Kings, in the amount of $39,500, amend the budget to recognize the grant, appropriate this amount in the General Fund for the Police Department, and authorize the City Manager to execute the grant agreement.

Q. Police: Approval of a 47-month contract with Axon Enterprises, Inc. for $148,568.32 to purchase (8) TASER 10s, (8) body-worn cameras, licensing for Axon software and Evidence.com and ongoing support and maintenance for new police officer positions funded through Measure H.

R. Finance: Adoption of Resolution Nos. 25-46-R and 25-47-R to update the authorized signatories on City bank checking accounts and investment accounts GENERAL BUSINESS:

A. Utilities and Engineering: Approval of a professional services agreement with Darden Architects Inc (Fresno, CA) for the full design of the City’s new Public Safety Building in the amount of $6,850,615, plus approval of a 10% contingency in the amount of $685,062 using Measure H Funds, and approval of a purchase order in the amount of $1,689,187 to begin Phase I for Planning and Project Assessment.

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B. Community Development: Review and Discussion of Proposed Amendments to Feather Flag Provisions in the Sign Ordinance and Direction from Council as appropriate.

COUNCIL REPORTS/GENERAL REPORTS:

Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).

ITEMS FOR FUTURE AGENDAS:

At this time, any Council Member may ask a question for clarification or may request a matter, which is not otherwise scheduled on a City Council agenda, to be placed on a future agenda. The Council Member referring the item shall provide sufficient information as to the nature of the item. The City Council, by concurrence of a majority, may direct the City Manager to put the item on a future agenda. (GOV. CODE SEC. 54954.2) A. Council Future Agenda Items
B. Upcoming Events and Important Dates:

August 19: Regular City Council Meeting
September 1: City offices closed in observance of Labor Day September 2: Canceled Regular City Council Meeting
September 16: Regular City Council Meeting
ADJOURNMENT:

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting. If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}

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4.A.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: STUDY SESSION

SUBJECT:

Presentation to the City Council regarding the timing of Transient Occupancy Tax (TOT) ballot measure.

RECOMMENDATION:

Recommendation: That the City Council discuss and provide direction on when to place the Transient Occupancy Tax (TOT) measure on the ballot.

Recommended Motion:Provide direction to staff to either:

1. Proceed with a special election on November 4, 2025, or

2. Wait until the general election in June 2026 to present the ballot measure to voters for increasing the Transient Occupancy Tax.

BACKGROUND:

At the July 1, 2025, City Council meeting, the City Council approved Resolution 25-39 R to give notice and hold a special election on November 4, 2025, to present to voters a measure to amend Chapter 3.24 of the Municipal Code to increase the Transient Occupancy Tax by four percent (4%) for a total of twelve percent (12%).

Most recently at the July 15, 2025, City Council meeting, the City Council requested additional analysis regarding the cost-benefit of holding a special election in November 2025 versus waiting for the June 2026 general election.

Updated estimates provided by the County indicate holding a special election in November 2025 is expected to cost $92,100-$107,500. This cost will be the sole responsibility of the City as no other items will be on the ballot. Placing the measure on the June 2026 general election ballot is estimated to cost $43,800-$58,300 as expenses will be shared among multiple jurisdictions.

Waiting until the June 2026 general election would provide more time for messaging, public outreach, education and a potential higher voter turnout. However, delaying until June 2026 could result in estimated lost general fund revenue of $120,000-$200,000.

Should Council approve to proceed, staff will submit the required documents right away to the County Election's Office. Alternatively, should Council decide to defer, staff will bring back an updated resolution for submittal to the Election's Office in early 2026.

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FISCAL IMPACT:

Costs to the City for an election would include City Attorney time for document preparation, staff time, and costs from the County Elections Office. Estimated total cost for a special election: $92,100- $107,500, with anticipated general fund revenue increase between $120,000-$200,000. Estimated cost for placing the measure on the June 2026 general election ballot: $43,800-$58,300.

ATTACHMENTS:

None

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4.B.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: STUDY SESSION

SUBJECT:

Update and Presentation to the City Council for adoption of the East Lacey Corridor Project and Design concept.

RECOMMENDATION:

Recommendation:

Staff recommends that the City Council provide direction on the East Lacey Project after the presentation of staff’s proposed design concept. Adoption of the recommended design will allow staff to move forward with the next phases of the project, including detailed design development, stakeholder outreach/coordination, and further pursuit of potential funding opportunities aligned with the selected concept.

Recommended Motion:

That the City Council, by motion, adopt staff’s proposed design concept as presented during the work session on August 5th, 2025
BACKGROUND:

Staff will provide a comprehensive update on the East Lacey Project (10th Avenue to Sierra Avenue). The presentation will begin with a brief history of the project, including its origins, initial planning phases, and previous Council direction. Staff will then review the progress to date, including completed milestones, coordination efforts, and current status within the overall project timeline.

The purpose of this presentation is not only to update the Council on recent developments but also to seek concurrence for the future design of the project. Staff has developed a recommended design concept that reflects preliminary engineering evaluations, funding considerations, and alignment with broader community and transportation goals. As part of the work session, staff will present the design recommendation and discuss potential benefits and trade-offs, and implementation opportunities associated with this approach.

Key discussion points will include design flexibility, long-term traffic implications, potential grant eligibility, and how the proposed design supports future connectivity, multi-modality, safer streets for all, and development in the East Lacey corridor. Council feedback at this stage is critical to ensure the project continues to move forward in a direction that reflects, and is consistent with, the City’s goals and

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community priorities; Quality of Life Goal.

FISCAL IMPACT:

There is no immediate fiscal impact associated with this item. However, staff’s recommended design concept is intended to position the East Lacey Project for future funding opportunities, including grant programs. By confirming a preferred design direction at this stage, the City will be better equipped to pursue competitive funding sources and advance the project in a fiscally responsible manner. Future phases may require matching funds or additional budget allocations, which will be brought to Council for consideration as funding opportunities arise.

Current Project Budget:

FUND BUDGET
ACTUAL

EXPENSES AVAILABLE BUDGET
STORM DRAIN CAPITAL $ 792,230
$
- $ 792,230
WASTEWATER CAPITAL $ 399,280
$
- $ 399,280

TRANSPORTATION
IMPACT FEES $ 2,499,507
$
177,275 $ 2,322,232
GAS TAX RMRA $ 4,550,500
$
- $ 4,550,500
TDA $ 1,356,500
$
- $ 1,356,500
CMAQ $ 544,200
$
4,070 $ 540,130
WATER CAPITAL $ 950,660
$
- $ 950,660
FEDERAL EARMARK $ 7,315,245
$
- $ 7,315,245
TOTAL $ 18,408,122
$
181,344 $ 18,226,778

Staff will return with an estimate of project costs at its next design milestone following concurrence and/or direction received from City Council.

ATTACHMENTS:

None

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4.C.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: STUDY SESSION

SUBJECT:

Presentation to City Council and Discussion related to City Setback Regulations

RECOMMENDATION:

Recommendation: That the City Council receive a presentation on the city's setback regulations.

BACKGROUND:

Setbacks are the minimum required distances that a structure must be placed from property lines.

These requirements are established to ensure safety, protect privacy, allow access for emergency services and utilities, and maintain consistent neighborhood character. In Hanford’s Single-Family Residential zones, setbacks typically include: a 15-foot front setback, a 20-foot front setback for garages and carports, 15 feet at the rear (for single-story homes), and 5 feet on interior side yards (or 10 feet for street-facing sides). These distances may increase depending on building height and are subject to limited exceptions for certain architectural features.

Accessory structures, such as sheds and gazebos, are smaller non-habitable buildings that serve supportive uses on residential lots. Under current City regulations and consistent with the California Building Code (CBC), structures less than 120 square feet and under 10 feet in height are exempt from permits and may be placed within setback areas, provided they are at least 3 feet from side and rear property lines and maintain a minimum 10-foot distance from other structures. Staff has reviewed how similar jurisdictions handle such structures and considered potential consequences.

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While Accessory Dwelling Units (ADUs) have reduced setback requirements under State law, these do not extend to other types of accessory structures and may not be appropriate for broader application.

The City frequently receives complaints regarding unpermitted or oversized structures encroaching into required setback areas, particularly near rear and side yards. While expanding the size allowance for accessory structures could offer homeowners more flexibility, doing so could also increase neighborhood disputes, elevate fire safety concerns, and create a discrepancy between CBC permitting requirements and City regulations.

A variance process is available for residents and businesses seeking to deviate from development standards, including setback requirements. Variance requests are reviewed for their ability to meet specific findings outlined in the Municipal Code and include staff recommendations to the Planning Commission. Decisions of the Planning Commission may be appealed to the City Council.

This presentation is being brought at the request of City Council. There is no recommended action.

FISCAL IMPACT:

None at this time.

ATTACHMENTS:

None

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13.B.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Minutes of the June 4, 2025, Special Meeting

RECOMMENDATION:

Recommendation: Approve the minutes of the June 4, 2025, Special Meeting.

BACKGROUND:

FISCAL IMPACT

ATTACHMENTS:

1. June 4, 2025 Meeting Minutes

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13.C.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Minutes of the June 17, 2025 Meeting

RECOMMENDATION:

Recommendation: Approve the Minutes of the June 17, 2025, Meeting BACKGROUND:

FISCAL IMPACT:

ATTACHMENTS:

1. June 17, 2025 Meeting Minutes

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13.D.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Minutes of the June 19, 2025, Special Meeting

RECOMMENDATION:

Recommendation: Approve the minutes of the June 4, 2025, Special Meeting.

BACKGROUND:

FISCAL IMPACT:

ATTACHMENTS:

1. June 19, 2025 Special Meeting Minutes

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13.E.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of the Minutes of the July 1, 2025, Meeting

RECOMMENDATION:

Recommendation: Approve the minutes of the July 1, 2025, Meeting.

BACKGROUND

FISCAL IMPACT:

None

ATTACHMENTS:

1. July 1, 2025 Meeting Minutes

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13.F.

AGENDA

STAFF REPORT

MEETING DATE: 8/5/2025 AGENDA SECTION: CONSENT CALENDAR

SUBJECT:

Approval of Memorandum of Understanding (MOU) with the Hanford Professional Firefighters Local 3898, IAFF Professional Firefighters Unit with changes to wages, benefits, and other working conditions, effective July 1, 2025 through June 30, 2027.

RECOMMENDATION:

Recommendation: That the City Council, by motion, approve the attached Memorandum of Understanding (MOU) with the Hanford Professional Firefighters Local 3898, IAFF Professional Firefighters Unit with changes to wages, benefits, and other working conditions, and authorize City staff to amend all other documents as may be necessary to implement said negotiated changes.

BACKGROUND:

The City of Hanford and the Hanford Professional Firefighters Local 3898, IAFF Professional Firefighters Unit (HPFF) have negotiated over the past few months and within the scope of the Meyers-Milias Brown Act, City representatives have concluded labor negotiations with HPFF that resulted in a fair and equitable increase that was within the City’s financial ability to provide. City representatives and HPFF have reached an agreement restating current benefits as well as agreeing on multiple amendments pertaining to wages, benefits and working conditions.

The terms and conditions that were ultimately agreed upon include but are not limited to:

Term: Two years (July 1, 2025 through June 30, 2027).

Wages: Year One –Five Percent (5%) increase effective the first full pay-period following formal ratification of agreement.

Year Two – Additional four percent (4%) increase effective the first full pay-period in July 2026.

Medical Expense Reimbursement Plan: Agree to meet no later than February 1, 2026 to discuss setting up a medical expense reimbursement plan (no city contribution).

Educational Incentive Pay: Amend reimbursement for those assigned to the position of Battalion Chief
Longevity Pay: Create a tiered structure to allow a maximum of 10% at twenty (20) years of service.

MOU Clean Up Language: Ambiguous or clarifying language updates have also been made to the following sections: Section 2.01 Wages and Direct Deposit - provide clarification language regarding smooth bank balance owed upon separation; Section 2.68 - provide additional language regarding completion of timesheets.

Side Letters – Incorporate side letter agreement reached during the term of the last agreement.

Specific language pertaining to the sections noted above are identified in the attached red-lined version of HPFF’s MOU. Non-substantive updates to the Memorandum of Understanding (MOU),

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including but not limited to changes in formatting, section numbering, and typographical corrections, may be made following formal ratification, provided such modifications do not alter the intent or meaning of the agreement.

FISCAL IMPACT:

Year 1: Approximate total $182,000 (all general fund)
Year 2: Approximate total $189,000 (all general fund)

ATTACHMENTS:

1. 2025 -2027 Red Lined MOU

2. 2025 -2027 Clean MOU

3. Fire Salary Schedule 8-18-2025

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Memorandum of Understanding
between
City of Hanford
and
Hanford Professional Firefighters Local 3898, IAFF
Professional Firefighters Unit

Last Updated: 07/12/2022 August 5, 2025
Term: July 1, 20252 - June 30, 20275

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This page was intentionally left blank

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TABLE OF CONTENTS

Memorandum of Understanding concerning wages, hours and other terms and conditions of employment between the City of Hanford and the Hanford Professional Firefighters, Local 3898, IAFF effective July 1, 20252 through June 30, 20275.

SECTION 1 ..................................................................................................................................... 1

1.01 Preamble .......................................................................................................................... 1

1.02 Recognition ...................................................................................................................... 1

1.03 Purpose ............................................................................................................................. 1

1.04 City Rights ....................................................................................................................... 1

1.05 Maintenance of Operations .............................................................................................. 2 SECTION 2 ..................................................................................................................................... 3

2.01 Wages and Direct Deposit ............................................................................................... 3

2.02 Standard Work Period ...................................................................................................... 4

2.03 Overtime .......................................................................................................................... 5

2.04 [Reserved] ........................................................................................................................ 7

2.05 Holidays ........................................................................................................................... 7

2.06 Vacation ........................................................................................................................... 7

2.07 Sick Leave ...................................................................................................................... 98

2.08 Catastrophic Leave......................................................................................................... 12

2.09 Bereavement Leave ........................................................................................................ 12

2.10 [Reserved] ...................................................................................................................... 12

2.11 Tuition Reimbursement ................................................................................................. 12

2.12 [Reserved]IAFF Medical Expense Reimbursement Plan (MERP) ................................ 12

2.13 Mileage Reimbursement ............................................................................................ 1312

2.14 Uniform Allowance ....................................................................................................... 13

2.15 Health Insurance ............................................................................................................ 13

2.16 Educational Incentive Pay.......................................................................................... 1413

2.17 Retirement .................................................................................................................. 1715

2.18 Acting Pay .................................................................................................................. 1715

2.19 Dues Deduction .......................................................................................................... 1715

2.20 Bilingual Pay .............................................................................................................. 1816

2.21 Administrative Pay..................................................................................................... 1816

2.22 Meal Contribution ...................................................................................................... 1816

2.23-2.37 [Reserved] ......................................................................................................... 1816

2.38 Jury Duty .................................................................................................................... 1816

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2.39-2.45 [Reserved] ......................................................................................................... 1816

2.46 Pregnancy Leave ........................................................................................................ 1917

2.47-2.59 [Reserved] ......................................................................................................... 1917

2.60 Immunizations............................................................................................................ 1917

2.61 Deferred Compensation ............................................................................................. 1917

2.62 Class Attendance ........................................................................................................ 1917

2.63 State Disability Leave and Paid Family Leave .......................................................... 1917

2.64 Family and Medical Leave Act .................................................................................. 2018

2.65 Survivor Death Benefit .............................................................................................. 2018

2.66 Per Diem .................................................................................................................... 2018

2.67 Residency Requirement ............................................................................................. 2018

2.68 Shift Trades ................................................................................................................ 2018

2.69 Linen Replacement .................................................................................................... 2018

2.70 Smoking Policy .......................................................................................................... 2119

2.71 Substance Abuse Policy ............................................................................................. 2119

2.72 Longevity Pay ............................................................................................................ 2119

2.73 Management Leave .................................................................................................... 2119

2.74 Life Insurance ................................................................................................................ 20 SECTION 3 ............................................................................................................................... 2321

3.01 Disciplinary Action .................................................................................................... 2321 SECTION 4 ............................................................................................................................... 2927

4.01 Grievance Procedures ................................................................................................ 2927 SECTION 5 ................................................................................................................................... 30

5.01 Layoff Procedures .......................................................................................................... 30 SECTION 6 ............................................................................................................................... 3533

6.01 Conclusiveness ........................................................................................................... 3533

6.02 Accumulation/Vesting ............................................................................................... 3533

6.03 Savings Clause ........................................................................................................... 3533

6.04 Non Discrimination .................................................................................................... 3634

6.05 Term of Memorandum ............................................................................................... 3634

6.06 Reopener .................................................................................................................... 3634

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1 SECTION 1

1.01 Preamble

The following constitutes a Memorandum of Understanding (“MOU”) between the City of Hanford ("City") and the Hanford Professional Firefighters Local 3898, IAFF (“Professional Firefighters Unit”) as a result of meeting and conferring in good faith concerning wages, hours, and other terms and conditions of employment, pursuant to Government Code Section 3500 et seq., and the City's Employer -Employee Relations Policy , Hanford Personnel Rules and Regulations, Chapter 12.

1.02 Recognition

Under the terms of Chapter 12 of the Merit System Rules and Regulations, the City formally recognizes the Professional Firefighters Unit as the exclusive recognized employee organization for Battalion Chiefs, Fire Captains, Fire Engineers, and Firefighters of the City of Hanford.

Unless noted otherwise, the information outlined in this Memorandum of Understanding shall apply to all represented employee classifications.

During the term of this agreement the Hanford Professional Firefighters Local 3898, IAFF and City of Hanford agree to continue discussions about potential changes to the representation of the Battalion Chief position.

1.03 Purpose

The purpose of this MOU is to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein and to provide an orderly and equitable means of resolving any misunderstandings or differences whic h may arise regarding wages, hours, and other terms and conditions of employment.

1.04 City Rights

I. Nothing in this agreement shall restrict or obstruct the inherent or legal rights of the City as they relate to its general legislative process. These rights include, but are not limited to:

A. Determining the goals, objectives and mission of the City departments, offices, committees or commissions;

B. Establishing the standard of selecting City personnel;

C. Implementing and executing standards of continued employment with the City;

D. Identifying the work to be performed and allocating such work to City personnel;

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2 E. Directing its personnel and administering discipline;

F. Relieving its personnel from duty;
G. Undertaking all necessary actions during emergencies;

H. Discharging, suspending, demoting, reducing in pay, reprimanding, withholding salary increases and benefits, or otherwise disciplining employees subject to the requirements of the MOU and the city rules and regulations;

I. Laying-off employees; or

J. Directing employees, including scheduling and assigning work, work hours and overtime.

1.05 Maintenance of Operations

The Professional Firefighters Unit agrees, for the term of this MOU, neither the Professional Firefighters Unit, nor its agents, will cause, authorize, or engage in a strike against the City, a work stoppage, slow down, picketing or concerted failure to re port for duty, or unauthorized absence or abstinence from the full and faithful performance of their duties of employment, or comply with a request of another labor organization or bargaining unit to engage in such activities.

This is not to mean that the Professional Firefighters Unit, collectively or individually, waives any rights as to protection of personal safety as they may pertain to refusal to cross the picket line of another public employee’s organization on strike, or to informational picketing by employees on their own time.

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3 SECTION 2

2.01 Wages and Direct Deposit

Year One: 5% salary increase effective the first full pay-period after agreement has been formally ratified by City Council.

Year Two: 4% salary increase effective the first full pay-period in July 2026.

In a prior agreement, salary information was compared using data from Using seven (7) comparable agencies (Delano, Dinuba, Madera, Merced, Porterville, Tulare, and Visalia) . the following increases will be provided:

Year One – Median of market placement or internal alignment (if applicable) plus 3% effective the first full pay period following ratification and formal approval by City Council.

To eliminate compaction, the position of Fire Engineer will be 10% higher than the position of Firefighter using the established salary schedule.

Year Two – Additional two percent (2%) increase effective the first full pay-period in July 2023.

Year Three – Additional four percent (4%) increase effective the first full pay-period in July 2024.

A new salary schedule has been created which encompasses a one percent (1%) difference between each range.

Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.333 for non -shift employees. For employees assigned to a fire shift the monthly salary shall be divided by 242.666 based on a 56-hour work week.

All employees shall be subject to mandatory participation in the direct deposit of the City payroll checks. Employees shall complete a direct deposit/sign -up authorization form during their first week employed with the City of Hanford.

Shift Employees – Smooth Bank Hours

The City of Hanford Fire Department works a 48/96 work schedule for a total of 2,912 hours per year. Additionally, the City of Hanford and Hanford Firefighters Local 3898, have agreed to follow a 24 day FLSA (Fair Labor Standards Act) pay period. This encompasses all shifts to work eight (24 hour) shifts within the period. The FLSA pay period is the period given to determine overtime compensation.

In lieu of paying the Hanford Firefighters the fluctuating number of actual hours worked in a given pay period, it has been agreed by both parties that the City would pay these employees 112 hours each pay period, which is the total annual hours divided by the number of pay periods (or 2,912 hours divided by 26 pay periods). In the event that the number of pay periods is changed by the

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4 City, this method of calculating hours for the Hanford Firefighters will be changed with the discussion and the approval of both parties.

By using this method of calculating hours paid in a pay period (annual hours divided by number of pay periods), creates a discrepancy between actuals hours worked and actual hours paid. In order to satisfy the requirements of both State and Federal law gov erning audits, payroll, accounting practices, and the use of public funds for a municipal government, it is necessary to include in the current MOU both the method of payment and method of addressing the discrepancy caused between actual hours worked vs. actual hours paid.

The 48/96 work schedule used by the Firefighters, within the parameters of the City’s bi -weekly payroll process, results in the Firefighters working 144 hours in one pay period, 96 hours in the next pay period, and another 96 hours in the next pay period. By the fourth pay period, these employees would start the 144 hours worked again.

To adjust for the fluctuation in hours each pay period, a ‘Smoothing Bank’ was created in the payroll system. During the pay period when a firefighter worked 144 hours, 32 of those hours would be ‘banked’ and the employee would be paid 112 hours. In the following pay period, that employee would work 96 hours and 16 hours would be taken from the banked hours to pay the employee for 112 hours. The third pay period, the employee would work 96 hours and the remaining 16 hours would be taken from the banked ho urs to pay the employee for 112 hours.

This ‘Smoothing Bank”, under these guidelines, should never total less than zero (0) or more than thirty-two (32) hours.

When shift changes occur in the Fire Department, a Firefighter may not go into a shift that is on the same sequence of hours they were previously on. By doing this, it changes the amounts of hours they are banking and the ‘smoothing bank’ may go into the n egative or it may exceed the 32 hours. This may also occur when a Firefighter is moved to a 40-hour temporary schedule.

To correct the discrepancy caused in the ‘Smoothing Bank’ due to shift changes, it is proposed that a transfer of ‘Smooth Bank’ hours between Firefighters can be made. This transfer, at the request of the department, is needed after the first payroll of a shift change is completed and a Leave Balance Report or Accrual Report is provided by the Finance Office.

If a balance is still owed to the City, the City shall discuss with the employee to arrange repayment.

If the Smooth Bank for that employee is over the 32 hour maximum, it will be paid out at their base rate per hour.

2.02 Standard Work Period

I. A 48/96 work schedule shall consist of the following:

A. A duty shift will be a period of twenty-four (24) consecutive hours, starting at 0800

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5 one day and continuing to 0800 the next day. Every day of the year is considered a normal duty shift except Thanksgiving and Christmas as defined in Section 2.05, Holidays.

B. Employees work two (2) consecutive twenty -four (24) hour shifts for a total of forty-eight (48) hours and have ninety-six (96) consecutive hours off.

1. A typical work schedule, where “X” represents a workday and “O” represents a day off, is as follows: XXOOOOXXOOOOXXOOOO and so on.

C. Fire shift personnel’s hourly rates of pay will be based on two thousand, nine - hundred and twelve (2,912) hours per year.

II. A 40-hour work/56-hour week shall consist of the following:

A. Five (5) consecutive eight-hour days each week. When new personnel are assigned into a 40 -hour assignment an alternate work week of either Monday through Thursday or Tuesday through Friday at 10 hours per day may be agreed upon by the Fire Chief and the affected employee. The Fire Chief may assign the start and end time of these shifts to meet operational needs.

B. When shift reassignment occurs at the direction of the Fire Chief, a minimum of 72 hours of time -off shall be provided between the old shift assignment and the new shift assignment (56 -hour work week). Whenever a shift transfer/reassignment is made, the em ployee shall receive that same minimum “actual hours worked” which would have resulted if a shift reassignment had not occurred. This shall not apply to shift bids.

C. Employees moving from a voluntary 40 -hour assignment or IOD will receive a minimum of 48 hours of time-off (starting at 08:00 hours) between the assignments from a 56 -hour work week to a 40 -hour work week; and, from a 40 -hour work week to a 56-hour work week.

D. Shift movement at the direction of the Fire Chief includes movement created by new hires, long-term interim appointments, or special work assignments.

E. Shift movement created at the employee’s request for “light -duty” or for off-duty injury/illness shall not be subject to any minimum time -off pursuant to this provision.

2.03 Overtime

I. Administration.

It is the policy of the City that overtime work is to be kept to the minimum consistent with protection of life, property, and the efficient operation of the departments and activities of

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6 the City and that overtime be compensated by time off wherever practicable. All work requiring any employee to work overtime must be approved by the Department Head or his/her designated representative prior to the work being performed, with the exception of emergency situations.

A. Overtime shall start at the time an employee reaches the place where he/she is directed to report and shall continue until he/she is released, or the work is completed whichever is the earlier.

B. Employees called back to work from their day off, or other off duty hours shall receive overtime compensation as stated above w ith a one (1) hour minimum guaranteed.

II. Compensation.

A. Fire Captains, Fire Engineers, and Firefighters
The applicable period for purposes of determining Fair Labor Standard Act (FLSA) overtime shall be a one -hundred and eighty-two (182) hour, twenty -four (24) day work period. Employees on the 182 hour/24 day work -period shall receive overtime compensation at the rate of one and one -half (1.5) times their “regular rate of pay” for all time actually worked in excess of 182 hours in a 24 day work period.

For all hours worked outside of the normally scheduled work period employees shall be compensated at one and one-half (1.5) times their base rate.

“Regular rate of pay” is defined as base rate plus all remuneration calculated to an hourly rate.

“Base rate” is defined as the normal hourly rate associated to the employees annual salary calculation divided by 2912.

All remuneration is defined as education incentives, longevity pay, acting pay, holiday in-lieu and bilingual pay.

B. Battalion Chiefs assigned to a shift shall be paid overtime at one and one-half (1.5) times their base rate for any hours worked outside of their regularly scheduled shift.

“Base rate” is defined as the normal hourly rate associated to the employees annual salary calculation divided by 2912.

C. In the event compensatory time off is used as the method of compensation for overtime, the time off will be taken within the fiscal year in which the overtime has been worked. In the event the employee is denied this provision, he/she will be compensated for such time at the applicable rate of pay. Exceptions to this procedure will be made only upon written authorization of the City Manager.

III. Training.

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7 A. Employees who attend training programs, meetings, lectures and similar activities outside their regular working hours shall receive overtime compensation if the training meets all of the following criteria:

1. Training is approved and required by the employee's Department Head;

2. Training is directly related to the employee's present job; and

3. The training could not be obtained during the employee's regular working hours.

2.04 [Reserved]

2.05 Holidays

I. Holiday In-Lieu Pay.

A. Battalion Chiefs assigned to a shift, Fire Captains, Fire Engineers, and Firefighters shall receive one-hundred and fifty-four (154) hours of pay at straight time in-lieu of any holiday time off. Two (2) payments will be made annually on pay period thirteen (13) and pay period twenty -six (26) of each year. Following the last payment made for the calendar year (pay period twenty -six), the holiday in -lieu time will be reset at zero (0). Pro-rated adjustments based on time in service will be made for employees entering or leaving fire shift work.

B. Regular employees leaving municipal service shall be paid for accrued hours in lieu of holidays at termination. Payments for accrued hours in lieu of holidays shall be at the employee’s then-current rate of pay.

2.06 Vacation

I. Eligibility.

Employees shall complete six (6) months of continuous service before using accrued vacation leave. Employees can volunteer to work during their vacation time but may not be forced to work during that period. Employees whose scheduled vacations are interrupted or postponed due to industrial injury shall be rescheduled after such injured employee has returned to duty. No vacation previously scheduled shall be lost due to an employee exceeding the vacation accrual during an industrial injury leave cannot work on a scheduled vacation day . Employees shall not be able to work overtime and receive vacation pay on the same day.

II. Special Vacations.

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8 Special vacation requests will be granted immediately upon request as long as (a) the request does not create overtime, and (b) the day(s) requested is/are within the same calendar year that the request is submitted.

III. Accrual.

A. Battalion Chiefs, Fire Captains, Fire Engineers, and Firefighters v acation will accrue and be credited every two (2) weeks for continuous service performed in pay status:

1. From zero (0) through five (5) years:

5.54 hours bi-weekly; 144 hours annually

2. From six (6) through ten (10) years:

7.39 hours bi-weekly; 192 hours annually

3. From eleven (11) through fifteen (15) years:

8.31 hours bi-weekly; 216 hours annually

4. Sixteen (16) or more years:

9.23 hours bi-weekly; 240 hours annually

B. Battalion Chiefs , Fire Captains, Fire Engineers, and Firefighters assigned to an administrative schedule (40-hour work week) for more than two consecutive pay periods vacation will accrue and be credited every two (2) weeks for continuous service performed in pay status:

1. From zero (0) through five (5) years:

3.39 hours bi-weekly; 88 hours annually

2. From six (6) through ten (10) years:

4.62 hours bi-weekly; 120 hours annually

3. From eleven (11) through fifteen (15) years:

5.24 hours bi-weekly; 136 hours annually

4. Sixteen (16) or more years:

6.16hours bi-weekly; 160 hours annually

IV. Limits of Accrual.

Accrued vacation hours may not exceed twice the employee’s annual rate of accrual.

V. Compensation at Termination.

Employees leaving the City with accrued vacation leave shall be paid accrued vacation at the date of termination at the employee's hourly rate. Employees who leave employment with the City with less than six (6) months of continuous service, shall not be compensated for accrued vacation.

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9 2.07 Sick Leave

I. Definition/Approved Sick Leave Usage:

A. Sick leave is an absence from duty which may be granted by the employer to the employee because of an illness, injury, exposure to a contagious disease, preventative care, illness or injury of a member of the employee’s immediate family requiring the employee’s attendance.

B. To attend a medical, dental, or optical appointment if such appointment cannot be scheduled outside of the employee’s normal work day.

C. To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate documentation of the need for such services:
a. A temporary restraining order or restraining order;
b. Other injunctive relief to help ensure the health, safety or welfare of the employee or their children;
c. To seek medical attention for injuries caused by domestic violence, sexual assault or stalking;
d. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking; e. To obtain psychological counseling related to an experience of domestic violence, sexual assault or stalking;
f. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

D. An employee’s immediate family shall consist of the employee’s: Spouse or registered domestic partner, parent (including step parents), child (including step children), brother, sister, father in-law, mother in-law, brother in-law, sister in-law, aunts, uncles, employee’s and spouse’s grandparents, grandchildren or any person living in the same household as the employee.

E. An employee may be granted sick leave only in case of actual illness/situation as defined above. In the event that an employee or a member of the employee’s immediate family recovers from any such illness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

F. Sick leave shall be taken in fifteen (15) minute increments.

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10 the employee shall provide notice of the need for the leave to their supervisor as soon as possible, preferably within 1 hour before the time established as the beginning of the employee’s work day. In the event that an employee is incapacitated because o f illness or injury to the point the employee is unable to contact his/her supervisor, the employee’s designated representative (i.e. family member) shall notify the supervisor at the earliest possible moment. Failure to do so without good reason shall result in that day of absence being treated as leave of absence without pay or cause the employee to use other available and accrued leave.

H. If the employee is absent on sick leave for more than 1 day /shift, the employee shall keep the immediate supervisor informed as to the date the employee expects to return to work.

I. Upon the oral or written request of an employee, the City shall provide paid sick days for the purposes described in previous sections. The City may request a note from a physician after an employee has been absent longer than three consecutive days or sh ifts (72 hours for Fire), or if evidence suggests that an employee is abusing the City’s sick leave policy.

To accurately track sick leave for those who meet the requirements under Federal and State laws (Family Medical Leave Act and California Family Rights Act), the City may require a physician’s certification for an employee’s own serious health condition or to care for an eligible family member (parent, child, spouse, domestic partner or covered service member).

J. Employees who are on vacation at the time of death of an immediate family member as defined above shall be entitled to substitute bereavement leave for vacation time, consistent with the existing bereavement leave policy. The total period of absence from City employment (vacation and bereavement leave) shall not be extended beyond that time initially approved for vacation, without specific Department Head approval. Unused vacation shall be retained by the affected employee in accordance with the existing vacation policy.

K. Supervisors shall have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee’s duties.

L. The City shall not deny an employee the right to use sick leave, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use sick leave to attend to an illness or the preventative care of a family member, or for any other reason specified in sections above.

II. Sick Leave May Not Be Used For:

A. An employee serving their initial 90 calendar days of service to the City (unless the employee was rehired within one year of separation, or sustained a work-related

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11 injury during their initial 90 days of employment).

B. Sick leave will not be granted to any employee absent from duty during an authorized leave of absence without pay, or any other absence from duty not authorized by the City.

C. Sick leave shall not be used in lieu of or in addition to vacation, unless leave is requested for an immediate death in the family or as otherwise defined in this policy.

D. Absence for illness/medical treatments may not be charged to sick leave yet to be accumulated.

III. Accrual, Accumulation and Separation
A. Regular and probationary employees shall be eligible to accrue sick l eave at the rate of 6.46 hours for sworn Fire Department personnel assigned to a 56 hour work week for each bi-weekly pay period.

Regular and probationary employees assigned to an administrative schedule (40 - hour work week) for more than two consecutive pay -periods shall be eligible to accrue sick leave at the rate of 3.69 hours for each bi-weekly pay period.

B. There is no limit on the amount of sick leave which can be accumulated and carried over from year to year.

C. Sick leave will be accrued by any employee during the first 90 calendar days of employment. However, only upon the successful completion of 90 days of employment, will the employee be entitled to utilize their accrued sick leave (does not apply to employees rehired within one year of separation).

D. Employees granted a leave of absence with pay (including military leave or other approved leave with pay) shall accrue sick leave as indicated above.

E. Sick leave will not be accrued by an employee absent from duty after separation from service or during an authorized leave of absence without pay.

F. Upon retirement under Public Employees Retirement System, qualifying employees may apply unused sick leave as provided under Section 20862.8 and 20965 of the Government Code.

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12 accrued and unused paid sick days immediately and will accrue additional paid sick hours in accordance to the section above.
c. The employee resumes employment with the City upon release from active military duty, temporary military leave or other approved leave of absence.

V. Abuse of Sick Leave
A. Abuse of an employee’s sick leave is defined as a claim of entitlement to sick leave when the employee does not meet the requirements as defined in Section I. If an employee is found to be abusing or misusing their sick leave time, they will be subject to disciplinary action.

2.08 Catastrophic Leave

Pursuant to the City’s Catastrophic Leave Policy, regular City employees are permitted to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absence due to a verifiable illness or injury (personal or family leave).

2.09 Bereavement Leave

Each regular employee assigned to a shift shall be granted bereavement leave with full pay not to exceed forty-eight (48 hours) or a total of ten (10) calendar days including days off in the event of death in the employee’s family as defined in Section 2.0 7 (Sick Leave Policy). For regular employees on an administrative work schedule (40-hour work week), the equivalent of one week off shall be granted. Bereavement leave does not count against an employee’s sick leave balance and is categorized as “Other Leave with Pay” for payroll purposes.

2.10 [Reserved]

2.11 Tuition Reimbursement

Pursuant to Administrative Regulation 1.13 regular City employees are eligible to receive tuition reimbursement up to $1000 per fiscal year for educational purposes. The term “educational purposes” includes classes for which no college units are awarded, such as classes provided by other departments and attendance at trade shows and symposiums.

In addition to what is outlined above, regular employees can utilize tuition reimbursement for travel expenses (meals, travel, and lodging and per diem at the Federal rate).

2.12 [Reserved]IAFF Medical Expense Reimbursement Plan (MERP)

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13 No later than February 1, 2026, and at the request of the Local, the City and Local agree to meet to establish IAFF as the provider of the Medical Expense Reimbursement Plan (MERP) for employees covered by this Agreement as follows:
a. For employees hired on or after (TBD), the employee shall contribute seventy-five dollars ($75.00) per month to the employee’s Medical Expense Reimbursement Plan (MERP) account.
b. Contributions shall occur over twenty-four (24) pay periods per year, which shall be the first two (2) pay periods of each month.
c. Employee contributions to the Medical Expense Reimbursement Plan (MERP) will be mandatory for each member of the Local. Employee contributions shall be on a pre-tax basis to the extent allowed by law. The plan documents for employees shall allow withdrawals from the Medical Expense Reimbursement Plan (MERP) upon separation from the city, subject only to those restrictions of the Internal Revenue Code (IRC) or other applicable law.
d. There is no City contribution to the Medical Expense Reimbursement Plan (MERP)

2.13 Mileage Reimbursement

Employees required to use their personal automobile for authorized City business may receive mileage reimbursement at the current IRS approved rate.

2.14 Uniform Allowance

I. New personnel shall be paid an initial uniform allowance equivalent to the uniform allowance in effect for a regular employee for the appropriate uniform for the first year of employment within one (1) month of the date of hire. After the first year of em ployment, the employee is eligible for a pro-rated uniform allowance based on the number of months remaining in the fiscal year.

II. Regular employees shall receive a uniform allowance of $1,200.00 per fiscal year paid the first full pay period in July. The employee shall have the responsibility of being properly uniformed and equipped.

2.15 Health Insurance

Medical
The City shall offer optional medical plans including but not limited to a PPO, EPO, and/or a high deductible plan with employee sponsored Health Savings Account (HSA), if applicable. The City shall pay towards the health care plans selected by the employe e equal to sixty percent (60%) of the total premium for the City PPO plan (employee, employee +1, or family).

Dental
The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary

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14 employees, and their dependents, who elect a dental plan.

Vision
The City shall pay one hundred percent (100%) of the total premium cost of all regular and probationary employees who elect an employee only vision plan. The City shall pay sixty percent (60%) of the total premium cost of all regular and probationary employees, who elect a vision plan with dependent coverage.

2.16 Educational Incentive Pay

I. Employees (hired prior to the date the current MOU was ratified) shall continue to receive the agreed upon Education Incentive Pay structure identified below. Firefighters must have reached step “D” in their salary range to be eligible.

A. For completion of thirty (30) college units, fifteen of which must be in Fire Science:
$150.00.

B. For completion of an Associate or Bachelor Degree: $40.00 per month.

C. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Firefighter 2, employees shall receive

2.5% of base salary per month payable with the normal payroll effective the first full pay period after the City receives the certificate.

D. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Fire/Company Officer, employees shall receive 5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction that is required by the CA Office of the State Fire Marshall (OSFM) has been met.

E. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Chief Officer, employees shall receive 5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction that is required by the CA Office of the State Fire Marshall (OSFM) has been met.

Employees assigned to the position of Battalion Chief are only eligible for additional compensation for Chief Fire Officer certificate as their base salary already includes 2.5% for Firefighter 2 and 5% for Fire/Company Officer certificates.

II. New employees (hired on or after the date the current MOU is ratified ) shall only receive Education Incentive Pay for Fire/Company Officer at the rank of Firefighter or above, or Chief Officer at the rank of Captain or above. Employees can only receive compensation for one certificate at a time. In addition, Firefighters must have reached step “D” in their

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15 salary range to be eligible.

A. For completion of thirty (30) college units, fifteen of which must be in Fire Science:
$150.00.

B. For completion of an Associate or Bachelor Degree: $40.00 per month.

C. Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Firefighter 2, employees shall receive

2.5% of base salary per month payable with the normal payroll effective the first fu ll pay period after the City receives the certificate.

Upon successful completion of the didactic portion of the CA Office of the State Fire Marshall (OSFM), State Fire Training (SFT) for Chief Officer, employees shall receive

7.5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction that is required by the CA Office of the State Fire Marshall (OSFM) has been met.

I. Firefighters, Fire Engineers and Fire Captains (hired prior to April 21, 2020) shall continue to receive the agreed upon Education Incentive Pay structure identified below.

A. For completion of thirty (30) college units, fifteen of which must be in Fire Science:
$150.00 one-time payment (not reportable to City’s retirement system).

B. For completion of an Associate or Bachelor Degree: $480.00 per calendar year split into 26 pay periods of $18.46.

C. Upon successful completion of the didactic portion of the state Firefighter 2 requirement, employees shall receive 2.5% of base salary per month payable with the normal payroll effective the first full pay period after the City receives the certificate.

D. Upon successful completion of the didactic portion of the state Fire/Company Officer requirement, employees shall receive 5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction.

E. Upon successful completion of the didactic portion of the state Chief Officer requirement, employees shall receive 5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee

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16 has confirmed completion of all education and instruction.

II. Firefighters, Fire Engineers and Fire Captains (hired on or after April 21, 2020) shall only receive Education Incentive Pay for Fire/Company Officer at the rank of Firefighter or above, or Chief Officer at the rank of Captain or above. Employees can only receive compensation for one certificate at a time.

A. For completion of thirty (30) college units, fifteen of which must be in Fire Science:
$150.00 one-time payment (not reportable to City’s retirement system).

B. For completion of an Associate or Bachelor Degree: $480.00 per calendar year split into 26 pay periods of $18.46.

Certificates:

E. Upon successful completion of the didactic portion of the state Chief Officer requirement, employees shall receive 7.5% of base salary per month payable with the normal payroll effective the first full pay period after the Fire Chief or his designee has confirmed completion of all education and instruction.

III. Battalion Chiefs (regardless of hire date) shall receive the following Educational Incentive Pay:

A. For completion of thirty (30) college units, fifteen of which must be in Fire Science:
$150.00 one-time payment (not reportable to City’s retirement system).

B. For completion of an Associate or Bachelor Degree: $480.00 per calendar year split into 26 pay periods of $18.46.

Certificate
C. For Chief Fire Officer certificate, Battalion Chiefs shall receive 7.5% of base salary per month payable with the normal payroll effective the first full pay period after the City receives the certificate. (Battalion Chiefs are not eligible to receive compensation for a Firefighter 2 or Fire/Company Officer certification as their base salary was previously adjusted to include such certification).

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17 2.17 Retirement

For employees hired before January 1, 2013, the City shall maintain in effect the 3% @ 55 CalPERS Retirement Program. Employees hired on or after January 1, 2013 (who do not meet the definition of a CalPERS “Classic” employee) will be covered in the 2.7% @ 57 CalPERS Retirement Program. Effective the first full pay period in January 2012, employees will pay one hundred percent (100%) of the employee’s share of retirement contributions.

2.18 Acting Pay

Employees who have successfully completed the appropriate Position Task Book (PTB) or current qualifications may act out of classification.

The City shall provide “Acting” status pay differential of $30.00 per shift for the rank of Acting Engineer, $40.00 per shift for the rank of Acting Captain, $ 50.00 per shift for Acting Battalion Chief and $60.00 per shift for Acting Chief.

If the assignment is to a vacant position currently being recruited for, hours worked shall not exceed 960 hours in a fiscal year in compliance with Government Code 20480.

All positions above the rank of firefighter are eligible to be covered with an acting classification.

To be considered for acting capacity, personnel shall successfully complete their probation in their current position. Personnel will only be allowed to act up into the next rank above their current rank classification.

To be eligible to act up, personnel shall successfully complete the department Position Task Book for the position they will be acting in within 18 months of promotion. The PTB only needs to be completed and confirmed by the Training Chief for eligibility. State Fire Training certification is not necessary to be eligible for acting. All Chief Officers are eligible to act in the capacity of Fire Chief.

2.19 Dues Deduction

It is mutually agreed that the City will, during the term of this MOU, deduct without charge, dues from the pay of those employees who individually provide written authorization for such dues in an amount certified to be current and correct by the President of the Professional Firefighters Unit.

There shall be no more than one deduction per pay period and the total of such deductions shall be remitted by the City to the Professional Firefighters Unit accompanied by a list of said dues payers. “Dues” in thi s context means any deduction voluntarily authorized by a Union member City employee.

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18 2.20 Bilingual Pay

The City agrees to compensate eligible employees for utilization of their bilingual skills as determined by the City pursuant to Administrative Regulation 1.12. Eligible employees shall receive a five percent (5%) stipend for the use of their bilingual skills.

2.21 Administrative Pay

Qualified personnel may be temporarily assigned to a 40-hour work week. Those assigned to a 40- hour work week shall receive an additional 7.5% increase to their annual base salary to compensate them for the loss of possible FLSA pay. Their new 40-hour base hourly rate shall be calculated by taking their current base rate x 2,912 hours, multiplying that annual amount by 1.075, and dividing by 2080, converting their 56 hour a week base rate to a 40 hour a week base rate which includes a 7.5% raise. The designated salary range will be the nearest possible to the calculated amount without falling below it.

Individuals performing in a temporary or permanent 40 -hour assignment shall not negatively impact the bargaining units’ available time off (i.e., vacation, holidays, schooling/training). All employees shall be given a minimum of two weeks’ advance notice when moving from one shift to another.

2.22 Meal Contribution

Employees are required by the City, as a condition of employment to contribute financially to meals in the Fire Station at a charge equal to the value to the meal irrespective of whether the employee chooses to eat the meal. Employees shall be solely resp onsible for any financial or tax liability regarding this provision. Accordingly, the City shall be held harmless from any such liability. The City also shall not be responsible for maintaining any records or providing administration regarding this provision.

2.23-2.37 [Reserved]

2.38 Jury Duty

Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) days from the termination of his/her jury duty service.

2.39-2.45 [Reserved]

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19 2.46 Pregnancy Leave

The City provides pregnancy disability leave consistent with state law.

2.47-2.59 [Reserved]

2.60 Immunizations

The City will provide the immunization series for hepatitis "B" and tuberculosis testing to all employees.

2.61 Deferred Compensation

Employees covered in this agreement are eligible to receive matched employer contributions for deferred compensation up to $75.00 per pay period.

2.62 Class Attendance

I. With the approval of the Chief Officer, employees may attend local educational courses provided their response posture is maintained. All other classes attended shall be approved by the Fire Chief and shall not reduce the maximum daily staffing by more t han one person.

II. The department shall maintain a policy related to class attendance while on-duty.

2.63 State Disability Leave and Paid Family Leave

State disability insurance and paid family leave are provided to all employees within this unit at the employees cost. State disability payments may be available to employees who cannot work due to sickness or injury not job related. State disability pay ments shall be integrated with sick leave balances. To the extent that accumulated sick leave or vacation leave is available, the employee will continue to receive a regular payroll check. State disability insurance payments received by the employee from the State shall be turned in to the City upon receipt by the employee. When such checks are received by the City, that portion of the sick leave or vacation leave used, equivalent to the dollars received from the State, shall be reimbursed to the employees’ balances. At such time that the employee no longer has balances to reimburse, the employee is no longer required to submit the state disability payment to the City.

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20 2.64 Family and Medical Leave Act

The City provides family and medical leaves of absence consistent with state and/or federal law.

2.65 Survivor Death Benefit

The City shall use the Indexed Level of Survivor Death Benefits in accordance with State law and CalPERS rules and regulations.

2.66 Per Diem

The City shall pay per diem at the current IRS approved rate when overnight travel is required.

The daily commuter allowance shall be $10.00 per day. The per diem for travel day shall be paid at the current IRS approved rates. No food receipts will be required for the per diem or commuter allowance.

Travel reimbursements to employees will occur within forty-five (45) days of the completed claim being submitted to the Finance Department.

A City issued CAL CARD Credit Card is issued to the Fire Chief for department use in order to arrange travel arrangements.

2.67 Residency Requirement

There shall be no residency requirement for employees caused by this Memorandum of Understanding.

2.68 Shift Trades

Pursuant to Article 12 of the Hanford Fire Department Rules, Regulations and General Order, the City will allow parties involved in the trade to utilize standard operating procedures. Shift trades shall be noted in the notes section in the payroll system for each day of occurrence.

2.69 Linen Replacement

Employees shall furnish their own linen including pillow, pillowcase, top and bottom sheets, bath towel and washcloth. The City shall furnish a mattress pad, a blanket, and a bedspread for each bed.

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21 2.70 Smoking Policy

Any person hired by the City of Hanford after January 1, 1987, to provide fire suppression/prevention services in a sworn capacity, as a condition of employment, shall refrain from using tobacco either on or off duty during his or her tenure of employment.

2.71 Substance Abuse Policy

The Professional Firefighters Unit shall be governed by the City's Substance Abuse Policy.

2.72 Longevity Pay

Upon completion of ten (10) consecutive years of active service with the City of Hanford, employees shall receive an additional five percent (5%) above their base wage in recognition of longevity pay. Active service shall be defined as an employee who is i n a continued pay status and an employee who is on approved leave (including paid or unpaid military leave). Time off for discipline leave shall not be time counted towards longevity, but such leave shall not constitute as a break in active service as it relates to longevity.

Effective the first full pay period following ratification and formal approval by City Council, the following longevity pay will be provided to employees, upon completion of ten (10), fifteen (15) and twenty (20) continuous years of active service with the City of Hanford as outlined in the table below:

Years of Service Percentage of Base Rate of Pay
After completion of 10 years 5%
After completion of 15 years Additional 2.5% for a total of 7.5% After completion of 20 years Additional 2.5% for a total of 10%

2.73 Management Leave

The City shall provide a Management Leave Plan. Management Leave will be provided to the position of Battalion Chief assigned to an administrative position only (40-hour work week) who shall serve in the assignment for a minimum of ten (10) months of the calendar year.

Effective PP001 Battalion Chief assigned to an administrative position shall receive 64 hours of Management Leave. It is preferred that Management Leave be used as time off. An employee may also cash out their Management Leave or convert their pay out to deferred compensation by completing the required form and returning it to the Human Re sources office in advance of the payroll deadline. Any Management Leave hours not taken by PP025 will be cashed out in PP026.

Under no circumstances shall available Management Leave hours be carried over to a new calendar year.

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22 Eligible employees who are hired throughout the year will receive a pro -rated amount of Management Leave hours and shall follow the Management Leave Plan as noted in the paragraph above.

Eligible employees who leave the City of Hanford with Management Leave hours available will be cashed out their balance in their final paycheck.

Effective upon agreement approved by City Council in 2022, Fire Captains and Battalion Chiefs assigned to shift will no longer receive Management Leave. Battalion Chiefs moving from an administrative position to a shift schedule shall be provided their Management Leave balance.

2.74 Life Insurance

Effective January 1, 2023, t The City will pay the premium of a group life insurance policy . $100,000 for Battalion Chiefs and Captains, $50,000 for Fire Engineers and Firefighters. (amount to be determined) . The y City also provides employees an option to purchase additional life insurance at the employee’s expense.

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23 SECTION 3

3.01 Disciplinary Action

Notwithstanding any provision in existing City or Department Policy, and notwithstanding any provision in previously negotiated Memoranda of Understanding, employees covered under this MOU shall have all rights afforded firefighters in sections 3250 -3262 o f the California Government Code, including but not limited to the right to an administrative appeal from any “punitive action,” as that term is defined in Government Code section 3251(c). It is further agreed that Local 3898 and the City agree to meet an d confer in good faith to finalize administrative appeal procedures consistent with the requirements of Government Code section 3254 within three months of the execution of this document.

The City shall ensure protection for any member that comes forward regarding an issue that arises from a legally protected claim that may rise to the level of internal/external investigation.

I. Definition - As used, “disciplinary action” shall mean reduction in salary, demotion, suspension or discharge.

II. This Section shall not apply to reductions in force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

III. Causes for Disciplinary Action.

Causes for disciplinary action against any employee may include, but shall not be limited to, the following:

A. Fraud in securing appointment;

B. Neglect of duty;

C. Insubordination;

D. Dishonesty;

E. Intoxication or under the influence of alcohol while on duty;

F. Possession, distribution, sale or use, or being under the influence of illegal drugs while on duty;

G. Absence without leave;

H. Conviction of a felony or conviction of a misdemeanor;

I. Immorality;

J. Discourteous treatment of the public or other employees;

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24 K. Improper political activity as defined by California Law;

L. Willful violation of safety, endangering property and persons;

M. Misuse of City property;

N. Inefficiency or incompetency;

O. Violation of any of the provisions of these working Rules and Regulations, or departmental rules and regulations;

P. Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City; and

Q. Refusal to take or subscribe to any oath or affirmation which is required by law in connection with City employment;

IV. Persons by Whom Disciplinary Action May be Taken.

An Employee’s Department Head or other person designated by the City Manager may take disciplinary action against an employee as specified in this Section.

V. Notice of Proposed Disciplinary Action – Regular Employees.

Written notice of the proposed discipline to be imposed shall be served on a regular employee personally or sent to his/her address of record by Certified Mail not less than ten (10) calendar days prior to the date of the proposed action. If served by Cer tified Mail, such notice shall be effective and constitute receipt by the employee upon deposit in the United States Post Office. Such Formal notice shall include:

A. A statement of the nature of the disciplinary action;

B. The effective date of the proposed action;

C. A statement of the causes therefore;

D. A statement in ordinary and concise language of the act or omissions upon which the causes are based;

E. A copy of the materials upon which the disciplinary action is based;

F. A statement informing the employee of his/her right to appeal the decision as provides in this section.

VI. Right to Respond – Regular Employees.

Any regular employee shall hav e the right to respond, either orally or in writing, to the authority imposing disciplinary action and have the response considered prior to the

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25 discipline being imposed. Unless otherwise specified in writing by the authority proposing discipline, such a response must be made within ten (10) calendar days after receipt of the written notice of the proposed disciplinary action. Failure to respond within such period constitutes a waiver of the right to respond. However, failure to respond shall not affect the employee’s right to appeal the disciplinary action as provided in this Section. After reviewing the employee’s response, if any, the authority imposing discipline shall formally notify the employee in writing of his decision to dismiss, modify or impose the proposed discipline.

VII. Right of Appeal – Regular Employees.

Any regular employee shall have the right of appeal from any disciplinary action under this Section. Such appeal must be filed in writing with the City Manager within ten (10) calendar days of the date of service of notice of disciplinary action. Failure to file an appeal within such period constitutes a waiver of right of appeal.

VIII. Hearing – Regular Employees.

If the employee or his representative chooses to exercise his right to appeal as stated in section 4.01 (VII), the following will apply:

A. Hearing Officer Selection.

The employee (or his/her representative) and the City, within ten (10) calendar days of the appeal, shall jointly pick a Hearing Officer to hear the appeal. If the parties are unable to agree on a Hearing Officer within this timeframe, the employee (or his/her representative) and the City shall, jointly request a list of names of five (5) neutrals from the California State Mediation and Conciliation Service. Within five (5) calendar days after receiving the list of neutrals, the employee (or his/her representative) and the City shall select a Hearing Officer from that list by alternately striking names from the list. The first option to strike shall be determined by lot.

B. Cost of Hearing.

The cost of the services of the Hearing Officer shall be borne by the losing party.

In the event the Hearing Officer makes a compromise decision, he/she shall determine the costs to be borne by each party based on the relative merit of their respective cases.

C. Schedule of Hearing.

The Hearing shall, when practicable, be held within twenty (20) calendar days of the selection of the Hearing Officer.

D. Continuance of Hearing.

The Hearing Officer may continue the hearing either for the convenience of the City or upon written application of the appellant, for a reasonable period from the receipt of the request for extension. Written notice of the time and place of the hearing, and any continuance thereof, shall be provided to the appellant.

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26 E. Conduct of Hearing.

1. Such hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code, except that the appellant and other persons may be examined as provided in Section 19580 of the Government Code, and the parties must submit all pro per and competent evidence in support of their position to the hearing officer. The Hearing Officer shall determine the need for counsel and the procedures under which the hearing will be conducted. Such procedures shall comply with State Law and the provisions of this section.

2. The hearing shall be closed to the public, except to necessary parties, unless the appellant or employee organization on the appellant's behalf requests in writing, that the hearing be open to the general public and such a request is granted by the hearin g officer. All witnesses, except the appellant and necessary parties, shall be excluded from the open hearing process.

F. Advisory Findings.

The findings of the Hearing Officer shall be rendered within fifteen (15) calendar days of the hearing, or within a reasonable time thereafter, and shall be advisory only to the City Manager. In the event that the discipline was initially imposed by the City Manager, the hearing officer's findings shall be advisory, instead, to the City Council, which shall make the final decision. Nothing in these rules shall be construed as to bind the City, City Manager, or City Council to any findings of the neutral Hearing Officer.

IX. Decisions – Regular Employees.

A. City Manager.

The City Manager shall render a written decision within ten (10) calendar days after receiving the advisory findings of the Hearing Officer. The City Manager's decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the disciplinary action taken against the employee is reversed or modified by the City Manager, the employee may be compensated, in whole or in part, for the time lost as determined by the City Manager.

B. City Council.

In the event the discipline was initially imposed by the City Manager, the City Council shall consider the advisory findings of the Hearing Officer and shall render a final and conclusive decision within fifteen (15) calendar days of the receipt of the Hearing Officer's advisory decision. If the disciplinary action taken against the employee is reversed or modified by the City Council, the employee may be compensated, in whole or in part, for any time lost as determined by the City Council.

X. Representation.

The employee may appear in person at the hearing or be represented by counselor another representative. Any City employee other than those appointed to management and

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27 confidential classifications, shall be permitted to represent another City employee or group of City employees at an appeal hearing.

XI. Failure of Employee to Appear at Hearing.

Failure of the employee or representative to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or Department Head shall be final.

XII. Notice to Witnesses.

The City Manager shall issue subpoenas for witnesses of the employee upon his/her written request and at the employee's cost consistent with the requirements of Government Code sections 11450.05 et seq. The City Manager may require such cost to be prepaid and the same shall be limited to the fee and mileage of witnesses as set forth in Government Code section 1 1450.40.

XIII. Effective of Certain Disciplinary Actions.

A. Disciplinary Probation.

Employees placed on disciplinary probation shall not accrue vacation, sick leave, or earned time for salary review while on such probation.

B. Suspension.

Employees suspended from the municipal service shall forfeit all rights, privileges, and salary while on such suspension with the exception of group health and life insurance benefits.

C. Discharge.

Employees terminated pursuant to this Section shall be paid salary, vacation, or paid days in lieu of holidays accumulated to the effective date of termination.

XIV. Releasing of Information.

The City will comply with state laws regarding public disclosure of disciplinary personnel actions. With respect to release of information regarding disciplinary personnel actions to the news media, no information will be released without prior approval of the City Manager.

XV. Actions Not Subject to Section 4.01.

A. Oral Reprimand.

Employees receiving an oral reprimand may have it noted in their departmental record by the Department Head. Oral reprimands are not subject to appeal.

B. Written Reprimand.

1. Employees receiving a written reprimand shall have a copy of the reprimand filed in their permanent record for future reference. Each

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28 employee's permanent record is his/her personnel jacket kept in the Personnel Office.

2. Employees who receive written reprimands may attach written responses or rebuttals to the reprimand which shall also become part of the employee's official personnel file. Written reprimands are not subject to appeal.

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29 SECTION 4

4.01 Grievance Procedures

The entire grievance procedure is listed in this document for convenience. The City does not waive any rights by listing.

I. Purpose of Section.

Grievance procedures for employees are provided herein to:

A. Promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations;

B. Afford employees individually or through a qualified employee organization a systematic means of obtaining further considerations of problems after every other reasonable effort has failed to resolve them through discussions;

C. Provide that grievances shall be settled as near as possible to the point of origin; and

D. Provide that grievances shall be heard and settled as informally as possible.

II. Definition and Matters Subject to Grievance Procedures.

A. A Grievance is Defined as Follows:

An alleged violation or improper application of the City or departmental rules and regulations and/or the current MOU, filed by one or more employees.

B. Matters Subject to Grievance Procedures.

Any City employee shall have the right to present a grievance concerning improper application of City or departmental rules, regulations, and/or current MOU for which appeal is not provided or is not prohibited under Chapter 10 of the City of Hanford Personnel Rules and Regulations.

III. Informal Grievance Procedure.

A. An employee should first attempt to resolve a grievance or complaint through discussion with his/her immediate supervisor no later than twenty (20) days after the employee knew or should have known of the occurrence of the incident which gave rise to the grievance. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate superior, if any. Every effort should be made to find an accept able solution by informal means at the most immediate level of supervision.

B. If the employee is not in agreement with the decision reached through such

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30 discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her superior or superiors. An informal grievance shall not be taken above the Department Head.

IV. Formal Grievance Procedure.

Formal grievance procedure after exhaustion of the informal grievance procedure shall proceed as follows:

A. Department Review.

The grievance shall be presented in writing to the employee's Department Head who shall discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within fifteen (15) calendar days, he/she may pres ent the grievance in writing to the City Manager.

Failure of the employee to take further action within ten (10) calendar days after receipt of the decision, or within a total twenty -five (25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.

B. City Manager Review.

1. Upon receiving the grievance, the City Manager or his/her designated representative shall discuss the grievance with the employee, and the employee’s representative, if any, and with all other appropriate persons.

The City Manager may designate a fact-finding committee or an officer not in the normal line of supervision to advise him/her concerning the grievance.

2. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving the grievance. The decision of the City Manager shall be final.

V. Conduct of Grievance Procedure.

A. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.

B. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review.

C. Employees shall be free from reprisal for using the grievance procedure.

D. While employees are not discouraged from using the grievance procedure, attempts to resolve grievances at the informal stage is essential if the stated purpose of the procedure is to be met. Therefore, failure to follow the provisions as set

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31 forth in Section 4.01 (III) prior to advancing to the formal stage in 4.01 (IV) shall constitute grounds for the official rejection of the grievance.

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32 SECTION 5

5.01 Layoff Procedures

I. An employee may be separated from employment (laid off) under this section by the Personnel Officer for the following reasons: a shortage of work, lack of funds, material change in duties or organization, in the interest of economy, to reduce the staff of any City function, or the return of another City employee occupying the same position from a leave of absence. The order of separation due to a lay -off shall be based upon class, type of appointment and seniority.

II. Seniority List.

The Personnel Officer shall establish seniority lists based on employee length of service.

Such lists shall be established on a departmental basis.

III. Seniority Score Computation.

A. Total seniority credits shall be counted from the initial date of hire under any type of appointment, as long as there has been no break in service; otherwise total seniority credits shall be counted from the first day of employment following the last break in service. Prior lay-off does not constitute a break in service.

B. One point of seniority credit shall be counted for each qualifying month of service.

For other than full-time employment, 160 hours worked shall be equivalent to one month of service and seniority credit shall be given upon the completion of each 160 hours worked.

C. Authorized leave of absences without pay shall not be considered breaks in service, but shall not count toward seniority credit.

D. No matter what the class, the service credits will be calculated the same. There will be no preference for special classes.

E. When two or more employees have the same total seniority score, the tie shall be broken and preference given: first to the employee with the greatest seniority in the class in which lay -off is being made, then the employee with the greatest seniority in the department of lay-off, finally the employee whose name is drawn by lot by the Personnel Officer.

IV. Order of Separation.

A. Separation (lay-off) of employees shall be in the order in which their names appear on the seniority list for the affected class, with those persons having the least seniority credit being the first separated, except as provided in 5.01(IV)(C).

B. Employees in the same class shall be separated during a reduction in force (lay -

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33 off) according to the type of appointment under which they serve, in the following sequence: First part-time, then probationary, and finally permanent.

C. The lay-off of employees in grant funded positions shall be guided by pertinent regulations set forth in the grant contract. If a grant does not provide guidelines for lay-off, then the lay-off of employees occupying all grant funded positions shall be determined by the availability of the grant funds, except that such employees may be displaced by qualified probationary or permanent employees in the same department who are scheduled for lay -off and who have a greater number of seniority credits.

V. Voluntary Demotion in Lieu of Lay-off.

An employee scheduled to be laid off may voluntarily demote to a lower class when the lower class has similar duties, responsibilities and requirements as designated by the Personnel Officer, providing the total seniority credits of the demoting employee exceed the total seniority credits of the employee in the lower class. Employees may also demote to any previously held position wherein their performance had been judged to be satisfactory, so long as their seniority credit exceeds that of the person occ upying that position. To be considered for voluntary demotion in lieu of lay -off, an employee must notify the Personnel Officer in writing of this election no later than seven calendar days after receiving notice of lay-off.

VI. Re-Employment Lists - By Class.

The Personnel Officer shall establish a re-employment list, which will be valid for two (2) years from the date of employee lay -off and shall pertain to each class in which a lay -off occurs. Such lists shall contain the names of permanent employees who w ere laid off or demoted in lieu of lay -off from that class. Names shall be placed on the re -employment list in the order of total seniority, with the highest seniority being first on the list. Any remaining benefits at the time of lay-off shall be restored upon rehire.

VII. Department Re-Employment Lists.

A re-employment list shall be established for each department in which a lay -off occurs.

Such lists shall be prepared in accordance to the procedures set forth in 5.01(VI).

Appointment shall be made from the highest available eligible on the department r e- employment list, who has expressed a willingness to accept re -employment. An employee's name shall be removed from the re -employment list if said employee fails to reply to an offer of employment within ten (10) calendar days after receipt of such offer or, failing to report for work after acceptance.

VIII. City Re-Employment List.

A re-employment list shall also be established on a city -wide basis. In the absence of a department re-employment list, the city-wide list shall be used to fill vacancies under these procedures. Individual names shall be removed from the City list if such individual rejects or fails to reply to an offer for re -employment within ten (10) calendar days after receipt

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34 of the offer or to report for work after acceptance. Employees appointed from a City re - employment list may be required to serve a new probationary period. Any employee laid off for a period of six (6) months or longer will be required to meet City medical standards.

IX. Lay-Off of Probationary Appointments as a Result of Promotion.

If an employee with permanent status is promoted and a lay -off occurs during the probationary period and such employee is scheduled to be laid off, the employee shall be entitled to return to the former position. If a lay-off occurs in the position (class) to which the employee returned, the procedures established in this Section shall apply and shall be followed.

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35 SECTION 6

6.01 Conclusiveness

I. Unless otherwise stated, the provisions expressly stated in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of the Professional Firefighters Unit and the City in a written and signed amendment to this agreement.

II. The Professional Firefighters Unit and the City agree that during the negotiations which resulted in this MOU, each had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation.

III. Therefore, during the term of this agreement, neither the City nor the Professional Firefighters Unit shall be obligated to meet and confer on any matter:

A. Whether or not specifically referred to in this MOU;

B. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations; or
C. Whether or not the matters were proposed and later withdrawn during negotiations.

IV. However, in order to meet an emergent situation, the City may change a written policy affecting wages, hours and other terms and conditions of employment which is not specifically set forth in this MOU. The City shall notify the Professional Firefighters Unit of its intention to do so. If the Professional Firefighters Unit does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume that the Professional Firefighters Unit does not wish to meet and confer on the change in policy.

In an emergency, the City retains the right to take such action immediately. The Professional Firefighters Unit will be offered the opportunity to meet and confer as soon as practicable.

6.02 Accumulation/Vesting

The City and the Professional Firefighters Unit agree that nothing contained in this MOU shall be interpreted as to imply or permit the accumulation or vesting of any written or unwritten employee right or privilege beyond the termination date of this MOU.

6.03 Savings Clause

If any article or section of this MOU or any addendum thereto shall be held to be invalid, such section or provision shall be immediately suspended and be of no force or effect. The parties shall meet and confer immediately thereafter for the purpose of ar riving at a mutually satisfactory replacement for such section or provision. Invalidation of a part or portion of this MOU shall not invalidate any remaining portions unless those remaining portions were contingent upon the

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36 operations of the invalidated section.

6.04 Non Discrimination

Both the City and the Professional Firefighters Unit agree that they shall not unlawfully discriminate against any employee on the basis of age, race, sex, creed, color, national origin, ancestry, pregnancy, marital status, disability/handicap, medical condition, or sexual orientation.

Neither the City nor the Professional Firefighters Unit shall interfere with, intimidate, restrain, coerce, or discriminate against any employee because of the exercise of rights to engage or not engage in lawful activity.

6.05 Term of Memorandum

Except where otherwise specifically stated, the provisions of this MOU shall be effective for the period of July 1, 2022, to June 30, 2025.

The provisions of this MOU shall not, however, take effect until ratified by both the City Council and the general membership of the Professional Firefighters Unit.

6.06 Reopener

If at any time during this MOU, it becomes apparent that demonstrable impacts of the new Shift Employees – Smooth Bank Hours language as outlined in Section 2.01 or Acting Pay procedures as outlined in Section 2.18 are not in the best interest of the City, or Professional Firefighters Unit, both parties agree to meet and confer at the earliest time possible in an effort to reach concurrences for an equitable and reasonable resolution.

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37 Agreed upon July 12, 2022August 5, 2025

For the City:

/s/ /s/
Che Johnson Chris Tavarez
Partner – Liebert Cassidy Whitmore Finance Director

/s/ /s/
Sarah Cardoza Steve Pendergrass HR Manager Fire Chief

For Hanford Firefighters Local 3898, HPFF:

/s/ /s/
Michael Pugh Eric Azarvand Dustin CostaFrancisco Etulain Labor Relations Consultant - Mastagni Holstedt APC President

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Memorandum of Understanding
between
City of Hanford
and
Hanford Professional Firefighters Local 3898, IAFF
Professional Firefighters Unit

Last Updated: August 5, 2025
Term: July 1, 2025 - June 30, 2027

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