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101822-R-27sr&att.pdf

Long Beach City Council
October 18, 2022

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101822-R-27sr&att.pdf
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October 18, 2022
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CITY OF
October 18, 2022

HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:

Department of Human Resources
411 West Ocean Boulevard, 1 O"' Floor Long Beach, CA 90802 (562) 570-6621
R-27
Adopt a Resolution approving the 2022-2025 Memorandum of Understanding with the Long Beach Firefighters Association. (Citywide)

DISCUSSION
In accordance with discussions with the City Council, a Memorandum of Understanding (MOU) agreement has been reached with the Long Beach Firefighters Association (FFA) bargaining unit. The FFA represents approximately 396 employees in the Firefighters Association Basic and Supervisory units.

Since June 2022, City of Long Beach (City) management and FFA representatives have held nine negotiation sessions regarding a new MOU. The current MOU expired on September 30, 2022. A tentative agreement has been reached and jointly signed by representatives of the City and FFA.

The tentative agreement includes a phased-in approach for structural wage increases that are in part offset by having employees pay a portion of the City's pension costs. The Public Employees' Pension Reform Act (PEPRA) of 2013 and related changes to the Public Employees Retirement Law (PERL) allow cities to negotiate "cost-sharing" with their employee unions, which means employees agree to share in the cost of the employer contribution. The cost-share amounts are paid in addition to the member contribution rates and assist in curtailing the City's growing pension expense. The mechanics of implementing the cost sharing provision are discussed further in this staff report.

The agreement includes several items that will assist the Fire Department in improving staffing capabilities such as increases to Paramedic and Firefighter II skill pays. These changes further align the Department with other agencies and increase Paramedic retention.

Tentative Agreement Major Provisions
The proposed MOU is for a three-year agreement from October 1, 2022, through September 30, 2025, and it includes the following major provisions:

1. General Wage Increase:
a. 5 percent effective October 8, 2022

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b. 4 percent effective October 7, 2023
c. 3.5 percent effective October 5, 2024

2. CalPERS Pick-up (Safety) for Classic Employees: 3% effective on October 8, 2022.

3. During the term of the agreement, the City will modify the FLSA annual premium pay 7(k) work period for fire protection employees from 24-day to 28-day work period to align with bi-weekly pay period.

4. Skill Pays:
a. Effective October 8, 2022, the City shall increase Firefighter II Skill Pay from 3 to 6 percent Top Step Firefighter. Eligible permanent full-time bargaining unit members who have at least six (6) years of experience, as defined in Article II (4), (5),and (6) of the FFA MOU, and who have satisfied State of California Fire Marshal Firefighter II certification standards. Pay is effective on the date proof of certification is submitted to Fire Management.
b. Effective October 8, 2022, the City shall increase Paramedic Skill pay from 16 to 19 percent Top Step Firefighter. Firefighters will be eligible for this skill pay after being licensed through the State of California and accredited by the local emergency services agency and while fully trained and assigned to paramedic duty.

5. Health, Dental, and Life Insurance - revised language under Integral Part Trust:
a. The City shall contribute to the employee's plan account each year of the contract. The contribution is derived by adding the City's health insurance contribution on the beginning date of the contract plus $100 per month. These payments will come from the employee's unused sick leave account.

6. Bereavement Leave - revised language: Employees shall be eligible for three (3) paid bereavement leave days per eligible family member death, with a maximum of three (3) occurrences in a calendar year.

7. During the term of the agreement, upon request from either the City or the Association, the parties shall meet and confer in good faith regarding a Full-Time Association President as well as establishing a Military Leave Policy.

Employee Cost-Sharing
The tentative agreement includes a provision for FFA employees in the public safety Classic retirement tiers to contribute three percent (3%) of their compensation toward the employer's share of CalPERS retirement contribution effective October 8, 2022. Classic members represent approximately 65 percent of the FFA membership. This proposal would add three percent (3%) to their current contribution of nine percent (9% ), bringing their total contribution

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to twelve percent (12%) which is equivalent to the employees in the PEPRA retirement tier as indicated below:

Retirement Benefit Type Employee Contribution
Current Proposed
Classic Members All Tiers 9% 12%
PEPRA Members 12% No Chanqe
*PEPRA employee contribution is half of the total normal cost and is subject to change The proposed MOU provision, if adopted by the City Council, would allow the City to implement this cost-sharing arrangement effective the first full payroll in Fiscal Year 2023 (FY 23) under Section 20516(a). After completion of the CalPERS administrative requirements, amend the City's contract with CalPERS to switch the cost-sharing arrangement under Section 20516(f).

To implement a cost-sharing arrangement under Section 20516(f), CalPERS requires an amendment to the CalPERS contract, which is accomplished by the following administrative steps:
• City Council adoption of a Resolution of Intent to approve a contract amendment between CalPERS and the City initiates the process for the contract amendment. • City sends CalPERS a letter requesting a contract amendment for cost-sharing with a copy of the MOU agreement.
• Adopt an Ordinance authorizing a contract amendment between CalPERS and the City.

The Ordinance requires a first and second reading, after the employee vote. City staff will submit a request for an Ordinance authorizing an Amendment to the CalPERS contract for consideration in the next 90 days.
• CalPERS conducts a secret ballot election of FFA public safety retirement members.

The majority of the members must elect to change the employees' rate of contribution. • City Council adoption of the Ordinance (second and final reading). • Execution of CalPERS contract amendment.

This matter was reviewed by Assistant City Attorney Gary J. Anderson and Budget Manager Grace H. Yoon on October 3, 2022.

TIMING CONSIDERATIONS
City Council action is requested on October 18, 2022, to ensure timely implementation of the MOU provisions.

FISCAL IMPACT
The agreement has a total structural annual net fiscal impact of $14.3 million in the General Fund Group and $14.4 million across All Funds once fully implemented in FY 25. The net fiscal

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October 18, 2022
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impact includes the savings from additional pension pick-up amounts (cost-sharing) for Classic (pre-State pension reform) employees, which decrease over time as Classic employees retire or otherwise leave the City. The table below shows the breakdown of these costs by fiscal year and by General Fund and All Funds.

FFA Net Contract Cost b, Fiscal Year (in$ millions)
FUND FY23 FY24 FY25 TOTAL
General Fund 6.08 4.29 3.91 14.3
All Funds 6.14 4.33 3.95 14.4
This agreement is recommended as an important and necessary part of the City's ability to mitigate staffing challenges citywide and to support its current employees, as well as retain and attract new employees. These costs, however, will add to the projected General Fund shortfall, which was $28.1 million for FY 24 based on the latest projection from Summer 2022 and inclusive of City Council adopted changes on budget adoption night. Based on this agreement, the General Fund shortfall will increase by $3.2 million, $1.3 million, and $857,000 for FY 23 through FY 25 respectively, adding a total of $5.4 million to the out-year shortfall projections, and resulting in projected shortfall of $32.6 million needing to be resolved in FY 24. While projections will be updated with new information that may have both positive or negative impacts, these costs along with any other negotiated contracts, will be adding to the fiscal challenges that is anticipated to require reduction of services if other solutions are not identified.

Additional details of the impact on the shortfall projections are provided below.

As the outcome of negotiations was unknown at the time of the FY 23 Budget adoption, a placeholder amount was included for all potential negotiated agreements in the FY 23 Budget and also included in the out-year projections. In FY 23, $2.88 million of the $6.08 million contract cost is included in the budget and the unbudgeted costs in FY 23 of $3.20 million in the General Fund Group will need to be covered with one-time funds available in FY 22 or FY 23, which will be evaluated as part of FY 22 year-end close. An appropriation increase for FY 23 reflecting these costs will be brought to the City Council in a separate citywide budget adjustment letter, combined with other negotiated adjustments for other bargaining groups.

The ongoing structural costs will be built into the projections as part of the Proposed FY 24 budget development. The estimated costs in FY 24 and FY 25 is $1.3 million and $857,000 respectively, for a total impact of $2.19 million beyond what is included in the latest out-year projections. In total, for FY 23 through FY 25, there is $5.4 million being added to the out-year shortfall projections beyond what was already included (of which $4.5 million will impact FY 24).

This recommendation has a moderate staffing impact to implement the payroll changes but is within the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no local job impact associated with this recommendation.

HONORABLE MAYOR AND CITY COUNCIL
October 18, 2022

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SUGGESTED ACTION:

Approve recommendation.

Respectfully submitted,
wJ~·

JOE AMBROSINI

HUMAN RESOURCES DIRECTOR

ATTACHMENT- RESOLUTION
APPROVED:

THOMAS B. MODICA

CITY MANAGER

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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH APPROVING THE 2022-2025
MEMORANDUM OF UNDERSTANDING (“MOU”) WITH
THE LONG BEACH FIREFIGHTERS ASSOCIATION; AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE SUCH MOU; AN D DIRECTING CERTAIN

IMPLEMENTING AND RELATED ACTIONS

WHEREAS, on the date of this resolution, the City Council has considered the 2022-2025 Memorandum of Understanding (“MOU”) with the Long Beach Firefighters Association; and
WHEREAS, it is the desire of the City Co uncil to approve such MOU and to provide for its implementation;
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:

Section 1. That the 2022-2025 Memorandum of Understanding between the City of Long Beach and the Long Beach Firefighters Association, which is attached hereto and incorporated herein by reference as Exhibit “A,” is hereby approved and the City Manager is hereby autho rized to execute said Memorandum of Understanding on behalf of the City and to implement, pursuant to Section 503 of the Long Beach City Charter, all matters affecting compensation contained in and prescribed by the MOU as of the operative date of this resolution.

Section 2. The City Manager is also authorized and directed to cause the preparation of amendments to the Long Beach Salary Resolution, if necessary, and to such other documents as may be necessary, to conform such resolution and documents to the provisions of t he MOU and this R esolution, and to further cause such conforming

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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664

amendments to be brought before the City Council and such Boards and Commissions as may be required by law to act upon them, and the City Attorney is requested to cooperate fully with the City Manager in order to cause the required documents to be prepared as required by law and brought before the appropriate bodies.

Section 3. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.

I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of ________________________, 2022, by the following vote:

Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

Recusal(s): Councilmembers:

City Clerk

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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664

EXHIBIT “A”

MEMORANDUM OF UNDERSTANDING

Between

THE CITY OF LONG BEACH

and

THE LONG BEACH FIREFIGHTERS
ASSOCIATION LOCAL 372

INTERNATIONAL ASSOCIATION OF FIRE

FIGHTERS, AFL-CIO

OCTOBER 1, 2022 – SEPTEMBER 30, 2025

Approved by City Council on October 18, 2022

3 ARTICLE ONE – MEMORANDUM OF UNDERSTANDING

Section I Parties to Memorandum of Understanding 6
Section II Recognition 6
Section III Purpose 6
Section IV Association Rights and Responsibilities
A. Dues and Benefits Deductions Program
B. Association Representation Responsibilities
C. Board Member List
6 6
7 7
Section V City Obligations and Responsibilities
A. City Obligations
B. Definition of City Obligations
7 7
7 Section VI Strikes and Lockouts 8

ARTICLE TWO – SALARIES AND COMPENSATION

Section I Listing of Positions and Rates of Pay 9
Section II Longevity Pay 9
Section III Skill Pay 10
Section IV Certification Pay 10
Section V Education Pay 10
Section VI Bilingual Pay 10
Section VII Entry Step for Fire Recruit 11
Section VIII 56-Hour Equivalent 11

ARTICLE THREE – PAID TIME BENEFITS

Section I Bereavement Leave 12
Section II Holidays 12
Section III Vacation Accrual Maximum 13
Section IV In Lieu Holiday Accrual Maximum 14
Section V Paid Parental Leave 15
Section VI Jury Duty 17
Section VII Time Off for Examinations 17
Section VIII Military Leave 17

ARTICLE FOUR – HEALTH, DENTAL, VISION, AND LIFE INSURANCE BENEFITS

Section I Health, Dental, Vision, and Life Insurance 18 Section II City Health Insurance Advisory Committee (HIAC) 19 Section III Continuation of Health Insurance for Surviving Spouse and/or Eligible Dependents of a Retired Employee
19 Section IV Integral Part Trust (Post Employment Medical Benefits) 20 Section V Wellness Incentive Program 21

4 ARTICLE FIVE – RETIREMENT

Section I Retirement 23
Section II Cost Sharing by Classic CalPERS Members 23

ARTICLE SIX – OTHER BENEFITS AND CONDITIONS

Section I Uniform Replacement 25
Section II Stand-by Pay 25
Section III Certification 25
Section IV Union Time Off 25
Section V Court Appearances (Subpoenas) 26
Section VI Post-Accident Drug and Alcohol Testing Program 27

ARTICLE SEVEN – GRIEVANCE PROCEDURE

Section I Definition 29
Section II Grievance Presentation 29
Section III Informal Procedure 29
Section IV Formal Grievance Form 30
Section V Formal Procedure
A. Step One – Battalion Chief
B. Step Two – Assistant Chief / Deputy Chief
C. Step Three – Fire Chief or Designee
D. Step Four – Human Resources or Designee
E. Step Five – City Manager or Designee
F. Step Six – Arbitration
30 30
30 30
30 30
30 Section VI General Provisions 32

ARTICLE EIGHT – HOURS OF WORK

Section I Call Backs 34
Section II MOU Overtime 34
Section III Payment for Overtime
A. Payoff of Overtime
B. Banked Time Off
35 35
36 Section IV Fair Labor Standards Act
A. Hours of Work – Work Cycle
B. Work Shift
C. FLSA Overtime
D. MOU Overtime
E. Shift Trades
F. Early Relief
G. Work Period
37 37
37 37
37 38
38 38
Section V Exemptions from the Provisions of the FLSA 38

5 Section VI Canine Reimbursement Pay 38

ARTICLE NINE – GENERAL PROVISIONS

Section I Intent of the Parties 40
Section II Support of Agreement 40
Section III Separability 40
Section IV Ratification and Implementation 40
Section V Term and Renegotiation 41

APPENDICES

Appendix A Listing of Classifications 43
Appendix B True Median Calculation and Total Compensation Definition
44 Appendix C Pay Rates and Step Schedule 45
Appendix D FFA Skill Pays and Other Compensation 46

6 ARTICLE ONE

MEMORANDUM OF UNDERSTANDING

Section I - Parties to Memorandum of Understanding

This Memorandum of Understanding (MOU or Agreement) is made and entered into by and between the City of Long Beach, a Municipal Corporation ("City") and the Long Beach Firefighters Association ("Association") pursuant to Government Code 3500 et. seq.

Section II - Recognition

The City of Long Beach recognizes the Long Beach Firefighters Association, Local 372 of the International Association of Fire Fighters, as the recognized bargaining agent for employees identified in the classifications referred to in Appendix A of the attachments which are incorporated herein and shall become a part of this memorandum of understanding.

The City of Long Beach shall herein be referred to as the "City" or, alternatively, as "Management", either term to be used as interchangeable to describe the City of Long Beach.

The Long Beach Firefighters Association, Local 372 of the International Asso ciation of Fire Fighters, shall hereinafter be referred to as the "Association".

Section III - Purpose

It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between the City and the employees covere d herein; to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise under this MOU; and to set forth the understanding of the parties reached as a result of good faith negotiations.

Section IV - Association Rights and Responsibilities

A. Dues and Benefit Deductions Program

During the term of this Agreement, upon receipt of an executed voluntary written authorization, the City shall deduct Association dues and benefit program premiums from the pay of employees represented by the Association. The form for this purpose shall be provided by the City and the amounts to be deducted for union dues shall be certified to the City by the appropriate Association official. For such purposes, the City shall charge the Association five and one-half cents ($.055) per deduction.

The Association hereby agrees to indemnify and hold harmless the City for any loss or damages, claims or causes of action, arising from the operation of this provision of

7 the Agreement. It is also agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be.

B. Association Representation Responsibilities

The Association has the duty to fairly represent all members of the bargaining units, accordingly, the Association agrees and shall assume its responsi bilities as recognized designated representative to represent all unit employees without discrimination, interference, restraint or coercion.

C. Board Member List

A current list of board members, including names and classifications, shall be submitted to the Director of Human Resources. Any changes on this Board shall be submitted, with the same required information as stated above , to the Director of Human Resources as soon as possible.

Section V - City Obligations and Responsibilities

A. City Obligations

The City reserves and retains, solely and exclusively, all rights of management which have not been expressly abridged by a specific provision of the Agreement and all of its common-law rights to manage the City, as such rights existed prior to the execution of this or any previous Agreement with the Association. The sole and exclusive rights of the Fire Chief, subject to limitations of the City Charter and Municipal Code, to manage the Fire Department, which are not abridged by this Agreement, shall include the right to direct the working forces; to plan, direct and control all the operations and services of the Fire Department; to determine the methods, means, or organization and number of personnel by which such operations and services are to be conducted; to supervise, hire, promote, transfer, assign and schedule employees; to discipline, suspend, discharge or lay off employees for lack of work or because of budgetary reductions; to make and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment or facilities and to take all necessary actions to carry out its purposes and functions in declared emergencies.

The exercise of these rights does not preclude the Association from consulting about the impact of these decisio ns on wages, hours and other terms and conditions of employment.

B. Definition of City Obligations

The intention of the parties to this Agreement is that the contractual attempt to define City obligations does not and is in no way intended to diminish the rights of

8 the Association and its members under applicable state or federal law.

Section VI - Strikes and Lockouts

For the duration of this Agreement the City agrees not to lock out employees represented by the Association and the Association agrees to adhere to the provisions of California Labor Code Section 1962, which prohibits Firefighters from participating in a s trike or to recognize a picket line of a labor organization while in the course of performing their official duties.

9 ARTICLE TWO

SALARIES AND COMPENSATION

Section I - Listing of Positions and Rates of Pay

A. The classifications and rates of pay for positions in this unit for the term of the Agreement (October 1, 2022 through September 30, 2025) are set forth in the Salary Schedule. The Salary Schedule will be amended to provide for salary increases for all represented employees in the pay period that include the following dates:

1. Effective the first full pay period of Fiscal Year 2023, there shall be a base salary increase of five percent (5%) for all represented classifications.

2. Effective the first full pay period of Fiscal Year 2024, there shall be a base salary increase of four percent (4%) for all represented classifications.

3. Effective the first full pay period of Fiscal Year 2025, there shall be a base salary increase of three and a half percent (3.5%) for all represented classifications.

The parties agree to re-open the MOU, at the City’s option, if the City determines that it is facing a fiscal hardship such that the City Council adopts a measure to utilize Measure B “rainy day ” funds. “Fiscal hardship ” is defined in City of Long Beach Municipal Code Section 3.94.030.C. Any changes to the MOU as a result of this reopener will be based on mutual agreement.

Section II – Longevity Pay

A. The City shall provide longevity pay as compensation to all permanent full -time bargaining unit members under the following conditions:

1. Five percent (5%) of top step Firefighter base hourly rate for ten (10) years but less than fifteen 15 years of service as a Firefighter with the City of Long Beach will be added to the LBFFA member’s hourly rate.

2. Ten percent (10%) of top step Firefighter base hourly rate for fifteen (15) years or more but less than 20 years of service as a Firefighter with the City of Long Beach will be added to the LBFFA member’s hourly rate.

3. Fifteen percent (15%) of top step Firefighter base hourly rate for twenty (20) years or more of service as a Firefighter with the City of Long Beach will be added to the LBFFA member’s hourly rate.

4. Bargaining unit members who have prior California firefighting experience as full - time career sworn firefighters with the State of California Firefighter One certification are eligible for credit for longevity pay, as described in paragraphs (1),

10 (2), and (3) above, for each full month worked. Credit will be given for prior experience as a firefighter with the State of California, a California city or county fire department or fire protection district, or other firefighting experience as determined by the Fire Chief to be equivalent as long as the member possessed a Firefighter One certification issued by the State of California in the performance of those duties. Additionally, the City agrees that full-time service by an employee with the City of Long Bea ch as a Safety member of CalPERS in a capacity other than as a Firefighter shall constitute service credit in determining eligibility for Longevity Pay under this Article Two, Section II.

5. Bargaining unit members hired with prior firefighting experienc e outside of California, including military firefighting service, equivalent to the experience described in paragraph (4), are eligible for credit for longevity pay, as described in paragraphs (1), (2), and (3) above, for each full month worked if the expe rience and certification is determined to be equivalent by the Fire Chief.

6. A bargaining unit member who seeks credit for prior firefighting experience with another Fire Department pursuant to the provisions of subparagraphs (4) and/or (5) above shall present the documentation establishing that prior experience to the Fire Chief prior to submitting any request to the City for additional Longevity Pay that is based in whole or in part upon this prior experience. The resulting Longevity Pay to which that individual is entitled will commence with the first full pay period after the Fire Chief determines that the experience is equivalent.

Section III – Skill Pay

The classification and rates of Skill Pay for positions in this unit are set forth in Appendix C.

Section IV – Certification Pay

The classification and rates of Certification Pay for positions in this unit are set forth in Appendix C.

Section V - Education Pay

The classification and rates of Education Pay for positions in this unit are set fo rth in Appendix C.

Section VI – Bilingual Pay

Bilingual pay will be available to all classifications covered by this agreement who are certified by the Civil Service Commission as having oral bilingual skills of a language predominantly spoken by the residents of the City of Long Beach, and who intera ct with the public on a regular and frequent basis which is defined as either the majority of their shift or those who are first line emergency responders, will receive $1.20/hour. Eligible

11 languages include Spanish, Khmer, Tagalog, Vietnamese, Samoan, American Sign Language, or other languages designated by the City Manager. Bilingual pay for American Sign Language will only be paid to members who physically interact with the public in person through face-to-face communications.

Bilingual pay shall also be paid on a per diem basis to those who are certified by Civil Service and use said bilingual skills of a language deemed necessary by the City Manager and the Fire Chief on an as-needed basis.

Section VII – Entry Step for Fire Recruit

While in the Recruit Academy, Fire Recruits shall receive a salary that is ten percent (10%) below Step 1 of Firefighter. Upon being sworn in as a Firefighter, the Fire Recruit will be placed at Step 1 of the salary range for Firefighter.

Section VIII – 56-Hour Equivalent

The 56-Hour equivalent pay rate per hour for Fire Department safety personnel assigned to platoon duty shall be determined by dividing the biweekly pay rate established for each position including skill and incentive pay rates, if applicable, by one hundred and twelve (112).

12 ARTICLE THREE

PAID TIME BENEFITS

Section I - Bereavement Leave

Permanent full-time and permanent part-time employees may be allowed to be absent from duty for a period not to exceed three (3) scheduled work days and will receive full compensation during such absence upon the necessity for their absence, and with the consent of the employee’s department head, in the case of death, or of critical illness where death appears imminent of such employee’s immediate family member.

An immediate family member shall be defined as the employee’s: spouse, child, parent including in loco parentis, sibling, parents or siblings of spouse, grandparent, grandchildren, step children, step parents, step siblings, foster child or domestic partner as defined by State law.

An employee requesting paid bereavement leave due to death or critical illness of immediate family member, may be required to furnish satisfactory evidence of such death or critical illness to the Department head.

Bereavement leave must be taken within 60 days of immediate family member death.

Employees shall be eligible for three (3) paid bereavement leave days per eligible family member death, with a maximum of three (3) occurrences in a calendar year.

In addition to approved bereavement leave, eligible members under the Section above, may also use up to three (3) days of accrued sick leave, per occurrence, for death or critical illness of each eligible family member.

Fire Recruits, Temporary, Seasonal, and Non-Career employees are not eligible for paid bereavement leave.

Section II - Holidays

The following are City observed Holidays:

1. New Year’s Day - January 1

2. Martin Luther King Day - Third Monday in January

3. Washington's Birthday - Third Monday in February

4. Memorial Day - Last Monday in May

5. Juneteenth Day – June 19

6. Independence Day - July 4

7. Labor Day - First Monday in September

8. Election Day – First Tuesday after November 1

9. Thanksgiving - Fourth Thursday in November

13 10. Day after Thanksgiving – Friday after Thanksgiving Day

11. Christmas - December 25

12. Personal Holiday Leave (4 days)

Every day appointed by the President of the United States or the Governor of the State of California to be a public holiday, or by the City Council of the City of Long Beach to be a City holiday.

Subject to the provisions of the Personnel Ordinance, Firefighters on platoon duty will be on a holiday in -lieu schedule. For covered employees, on a regular holiday schedule, four (4) personal holidays will be credited in the first pay period that begin s in January.

Employees hired after January 1 st will be credited with 1.24 personal holiday hours for each full pay period of paid time. Any unpaid time off will reduce the accrual amount.

Thereafter, employees shall receive four personal holidays in t he first pay period that begins in January.

Permanent part -time employees shall accrue personal holiday time at the rate of .62 hours for every 80 paid hours.

Employees who leave the City having taken/not taken their personal holiday leave prior to earning it, will have their separation pay debited/credited proportionately.

Employees on an in -lieu schedule will continue to receive 1 5 holidays per year. In -lieu /personal holiday leave will be requested by employees in the same manner as vacation and/or compensatory time off.

In no instance will employees receive more than 1 5 holidays per calendar year unless authorized or approved by the President, Governor or City Council, as indicated in paragraph one (1) above.

Section III – Vacation Accrual Maximum

Subject to approval by City Council, and agreement with all other bargaining units the vacation accrual maximum provision of the Salary Resolution and Personnel Ordinance

3.01 will be replaced with the following provision. The new vacation accrual maximum provision will take effect the first full pay period of calendar year 2021 or upon implementation of the City’s LB Coast HR system (whichever comes first). The City will implement a maximum vacation accrual based on years of service completed as follows:

Service Years Completed
Hours
Accrued per
pay period
Annual
Accrual
Vacation
Maximu
m
Accrual*
Upon hire through 4 years, 5 months 3.70 96.2 288.6
4 years, 6 months through 11 years, 5 months 4.62 120.1 360.4

14 11 years, 6 months through 13 years, 5 months 4.93 128.2 384.5 13 years, 6 months through 17 years, 5 months 5.24 136.2 408.7 17 years, 6 months through 18 years, 5 months 5.54 144.0 432.1 18 years, 6 months through 19 years, 5 months 5.85 152.1 456.3 19 years, 6 months or more 6.16 160.2 480.5
*Standard vacation accrual accruals only (not platoon schedule)

Service Years Completed
Hours
Accrued per
pay period
Annual
Accrual
Vacation
Maximu
m
Accrual*
Upon hire through 4 years, 5 months 5.55 144.0 439.9
4 years, 6 months through 11 years, 5 months 6.93 180.0 540.5 11 years, 6 months through 13 years, 5 months 7.39 192.0 576.4 13 years, 6 months through 17 years, 5 months 7.86 204.0 613.1 17 years, 6 months through 18 years, 5 months 8.31 216.0 648.2 18 years, 6 months through 19 years, 5 months 8.77 228.0 684.1 19 years, 6 months or more 9.24 240.0 720.7
*Vacation accruals (platoon schedule only)

A. New permanent full -time or permanent part -time employees may utilize accrued vacation hours upon completing six (6) months of employment.

B. Upon reaching the maximum accrual, employees will cease earning vacation until use of vacation brings the accrual below the maximum.

C. Employees will not be allowed to have negative vacation hours.

D. The use of vacation hours is subject to supervisor/department head approval per the current Salary Resolution, Personnel Ordinance, and Department policies.

E. Upon separation of employment or death, employees or their beneficiary will be paid for all accrued and unused vacation with their final paycheck, at the adjusted hourly rate of pay.

Section IV – In Lieu Holiday Accrual Maximum

A. All employees on a regular/other in lieu holiday schedule will receive 14 eight-hour in lieu holidays ( 112 hours total) on the first pay period of January of each year.

The in-lieu holiday accrual is capped at two hundred and twenty-four (224) hours.

Should an employee be at the accrual maximum, no additional in lieu hours will resume accruing until the next pay period in which accrual balance is below two hundred and twenty-four (224) hours.

B. All employees on a four-ten (4/10) schedule will receive 14 ten-hour in lieu holidays (140 hours total) on the first pay period of January of each year. The in-lieu holiday accrual is capped at two-hundred and eighty (280) hours. Should an employee be

15 at the accrual maximum, no additional in lieu hours will be resume accruing until the next pay period in which accrual balance is below two -hundred and eighty (280) hours.

C.All employees on a platoon (24 -hour) schedule will receive 14 twelve-hour in lieu holidays (168 hours total) on the first pay period of January of each year. The in - lieu holiday accrual is capped at three-hundred and thirty-six (336) hours. Should an employee be at the accrual maximum, no additional in lieu hours will resume accruing until the next pay period in which accrual balance is below three-hundred and thirty-six (336) hours.

D.Employees on any of the above in lieu holiday accrual schedules do not qualify for simultaneous personal holiday accruals.

Section V – Paid Parental Leave

The Paid Parental Leave policy institutes a program offered by the City which provides 30 consecutive calendar days (160 hours) of Parental Leave at 100 percent of salary, for the birth, adoption or foster placement of a child, regardless of the gender, marital status or sexual orientation of the parent. Paid Parental Leave may be taken at any time during the twelve-month period immediately following the birth, adoption or placement of a child with the employee. The leave must be taken in full work day increments, and within one year of the date of birth/placement of the child. This type of a bsence is not charged against the employee ’s leave credits. Paid Parental Leave for one concurrent with any other protective leave (i.e., FMLA, CFRA, PDL).

A. Purpose/Objective

All full -time employees eligible for City health benefits are eligible for Paid Parental Leave, for up to 30 consecutive days (160 hours) in the twelve -month period following the birth of a child, adoption of a child, or placement of a foster child in thei r home. Employees will be afforded the same level of benefit continuation for the period of time that the employee is on Paid Parental Leave as if the employee was on active work status.

The purpose of Paid Parental Leave is to enable the employee to car e for and bond with a newborn or a newly adopted or newly placed child.

B. Eligibility

Full-time employees eligible for City health benefits; AND

Employees that have completed six months of full-time City service; AND

Employees who are the parent of a newborn child without regard to the marital status or sexual orientation of the parenting individual; OR

16 Employees who have adopted a child or been placed with a foster child (in either case, the child must be age 17 or younger).

This benefit shall apply to life events occurring after the effective date of the Paid Parental Leave program.

C. Amount, Time Frame and Duration

Employees will be eligible for up to 30 consecutive calendar days (160 hours) of Paid Parental Leave at 100 percent of the employees regularly scheduled weekly adjusted-pay.

Paid Parental Leave will be paid on regularly scheduled pay dates.

Approved Paid Parental Leave may be taken at any time during the twelve - month
period immediately following the birth, adoption or placement of a child with the employee.

Paid Parental Leave may not be used or extended beyond this twelve-month time frame.

In no case will an employee receive more than 30 calendar days (160 hours) of Paid Parental Leave in a rolling 12 -month period, regardless of whether more than one birth, adoption or foster care placement event occurs within that 12 - month rolling time-frame.

The scheduling of the leave may be modified to meet the operational needs of the department on an exception basis b y approval of the Human Resources Department Director.

City employees who are co-parents with another City employee, will each have an individual right to paid Parental Leave.

D. Coordination with Other Policies

Paid Parental Leave taken under this policy will run concurrently with leave under the FMLA, CFRA and PDL.

If a City holiday occurs while the employee is on Paid Parental Leave, such day will be charged as holiday pay and will not be counted against the employees 30 days of Paid Parental Leave.

E. Requests for Paid Parental Leave

The employee must provide his or her supervisor and the Human Resources

17 Department with notice of the request for leave at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeab le, as soon as possible).

An employee who does not give 30 days ’ notice must explain why such notice was not practicable.

The employee must complete the necessary Human Resource Department forms and provide all documentation as required by the Human Resource Department to substantiate the request.

Employees may request to start their Paid Parental Leave up to two weeks prior to the birth/placement of the child.

The City has the exclusive right to interpret this policy.

The City retains the right to review the Paid Parental Leave program at the end of the contract term to evaluate the program impact on operations. The parties will agree to meet and discuss modifications to the program to address unforeseen fiscal and/or operational impacts.

Section VI - Jury Duty

Members of the bargaining unit will be limited to forty (40) hours of paid jury time each calendar year. Upon request, employees will be assigned to a day work schedule while on jury duty.

Section VII – Time Off for Examinations

All members of the bargaining unit shall be provided release time for the purpose of taking qualifying examinations or promotional examinations which pertain to their position in the competitive service of the City and will not result in a loss of pay if t he examination is scheduled during a member’s regularly scheduled work hours.

Section VIII – Military Leave
During the term of the Memorandum of Understanding (MOU), the City and the Long Beach Firefighters Association (LBFFA) agree to engage in further discussions regarding Military Leave with the mutual goal of updating the City’s Military Leave policy . No changes to the current term and conditions of employment may be made during the term of this MOU without the mutual agreement of the Association and the City.

18 ARTICLE FOUR

HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS

Section I - Health, Dental, Vision, and Life Insurance

A. The City shall contribute by way of obligation for health, dental , vision, and life insurance benefits, the maximum amounts for tiered enrollment (single, two-party and family coverage) based on City Council approval of the annual Benefits Package, for employees in permanent full-time positions

Employees may change benefit coverage during open enrollment. A change in benefit coverage may result in a change in the e mployee payroll deduction. The employee payroll deduction will be based on the City’s annual rate schedule and will include any increases incurred up to the date of the change.

B. Effective every January 1st thereafter during the terms of the Agreement, increases in the costs for the health, dental , vision, and life insurance plans selected by employees shall be borne by the employee in the manner set forth below. The portion of this increase paid by the employee shall be added to the existing payroll deductions for that coverage, but will not exceed the following amounts:

1. Each January 1st thereafter during the term of this agreement, employees with single or two-party plan health coverage shall pay 30% of the increase or an additional $25 whichever is less, over the rates in effect in the prior year for the plan options selected.

2. Employees with family plan health coverage shall pay thirty percent (30%) of the increase or $30, whichever is less, over the rates in effect in the prior year for the plan options selected.

3. If the employee’s portion is in excess of their cap ($25 for single or two-party coverage or $30 for family), the increase over the cap will be carried forward to the next year and added to the employee’s portion of the next year’s increase until the carryover amount is exhausted or the increase equals the cap, whichever is less.

The carryover of the remaining employee portion over the cap will continue forward each year, maintaining the respective caps, until the carryover amount is exhausted by adding it to the employee’s portion.

These increases will be added to the previous payroll deduction for the coverage selected. The City shall pay the difference between the restructured cost and the employee contributions outlined above.

19 Section II– City Health Insurance Advisory Committee (HIAC)

Each year, a series of meetings are scheduled with the Health Insurance Advisory Committee (HIAC) to review the status, solvency and utilization of the health, dental, vision and life insurance plans. The Committee reviews plan costs and makes recommendations to the City Manager on plan changes, benefits levels and addition or deletion of plans.

The parties agree to work through the HIAC to mitigate employee benefit program cost increases for upcoming plan years. The Association shall maintain one (1) representative and identify one (1) alternate representative on the HIAC. The representative(s) shall be enrolled in one of the City’s health insurance plans.

The HIAC will recommend to the City Manager the benefits for the various plans for the period January 1, 2023 through the term of this agreement. Every effort shall be made to have these recommendations to the City Manager annually by August 15 th of each year. The City Manager will consider these recommendations prior to making his final recommendations to the City Council for any changes to plan design. If the City Manager’s recommendations to the City Council differ from the recommendations received from the HIAC, the City Manager will advise the association of his recommendations in writing, at least seven (7) calendar days before they submit them to the City Council for approval.

Section II I - Continuation of Health Insurance for Surviving Spouse and/or Eligible Dependents of a Retired Employee

The accumulated unused sick leave that has been designated for the continuance of health insurance coverage by an employee who has retired shall, upon the death of the retired employee, be utilized as payment of monthly premiums to continue enrollment in the City’s health plan(s) for the spouse and/or eligible dependents providing:

A. The retired employee has an effective retirement date of July 1, 1983 or later; or

B. The retired employee did not predecease the surviving eligible dependent prior to July 1, 1983.

Said premium payment shall continue until:

A. The spouse remarries.

B. A dependent child becomes 26 or opts out of the City health plan(s).

C. The spouse becomes eligible for Medicare at which time and in the same manner as those retirees and dependents subject to Section 2.11 of the Personnel Ordinance, the premium payment will be adjusted to pay for the Medicare supplement plan underwritten by the City's indemnity insurance carrier.

20 D. There is insufficient accumulated unused sick leave to pay the require d monthly premium.

Section IV – Integral Part Trust (Post Employment Medical Benefits)

The City of Long Beach ("City") and the Long Beach Firefighters Association ("LBFFA") agree, in accordance with the Internal Revenue Service Private Letter Ruling (PLR - 116685-99), to the establishment of a Post -Employment Medical Benefits Program for each represented member, through the establishment of an Integral Part Trust. The purpose of the trust is to provide for reimbursement of medical expenses incurred upon retirement from the City. Deposits into the account and subsequent withdrawals for medical expenses are governed by the Internal Revenue Code and IRS regulations.

Said Trust will be funded from an employee’s unused, accumulated sick leave.

A. Upon retirement from the City, portions of the employee’s accumulated sick leave, which have been exclusively designated for payment of health and/or dental insurance premiums in accordance with Personnel Ordinance Section

2.10, may be deposited in the employee’s plan account in accordance with the following:

1. If an employee chooses to remain in the City ’s health insurance program, the following payments will be made within the first month after the employee’s retirement and in January of each subsequent calendar year, from the employee ’s unused sick leave accou nt, until the funds in the account are exhausted:

a. The total amount of health and/or dental insurance premiums based on the employee’s choice of City-provided plans will be paid from the employee’s unused sick leave account.

b. The City will deposit $1,200 per year, on a pre -tax basis, into the employee’s plan account within the first month after the employee ’s retirement. The amounts will come from the employee’s unused sick leave account.

c. An employee who retires in any month other than December will receive a prorated amount based on the number of full months remaining in the calendar year after their retirement date. For example, if an employee retires June 30, of the year, $600 will be deposited in the employee's plan account during the month of July ($1,200/12 months = $100 x 6 months = $600).

2. Upon retirement from the City or any time thereafter, if an employee chooses to withdraw from the City’s health and dental insurance programs, the City will make the following payments into the employee's plan account.

21 These payments will come from the employee's unused sick leave account.

The payments will be made within the first month after the employee ’s retirement or withdrawal from the City ’s health and dental insurance program and in January of each subsequent calendar year. Payments will be made on a pre-tax basis.

The City shall contribute to the employee ’s plan account each year of the contract. This amount was derived by adding the City ’s health insurance contribution on the beginning date of the contract plus $100 per month.

These payments will come from the employee’s unused sick leave account.

An employee who retires in any month other than December will receive a prorated amount based on the number of full months remaining in the calendar year after their retirement date.

In no event will the City pay any amount which exceeds the cash equivalent value of the employee's unused sick leave hours at the employee's effective retirement date.

B. In accordance with current City polic y, when a retiree withdraws from the City ’s health insurance program and is no longer participating as an employee or dependent, he/she will not be permitted to re-enroll at a later date.

C. Any represented employee who retires on or after December 1, 2 001, will be eligible for the Integral Part Trust.

D. The following will be appointed as trustees: Director of Human Resources, City Treasurer and one (1) representative from the Long Beach Firefighters Association.

E. The parties agree and understand that the parameters of the program are subject to IRS rules and regulations.

Section V – Wellness Incentive Program

A. Employees who have fully participated in the City approved Fire Wellness Program during the prior calendar year will receive $100 per month in the subsequent calendar year. Employees must requalify each year. This stipend will also be considered part of the total compensation formula.

B. Employees who achieve the agreed upon Wellness Program benchmarks or better will receive an additional $100 per month. This stipend shall not be considered as part of the total compensation formula. Employees must requalify each year.

C. The maximum total wellness payment for any employee is $200 per month for

22 both participation and achievement of benchmarks.

D. There will be a limited re -opener on April 1, 20 23 to meet and discuss program components such as achievement benchmarks for the wellness achievement pay which will be based on a review of the organizational health and productivity metrics, which may include sick leave usage and work-related injury claims .

Benchmarks are to be agreed upon by the City and the Association.

23 ARTICLE FIVE

RETIREMENT

Section I – Retirement

A. For members of the bargaining unit employed in those classifications (other than Fire Recruit) set forth in Appendix A on the effective date of the Agreement, the City will continue to provide 3% at 50 pension benefits to Tier I and Tier II employees in accordance with the Public Employees' Retirement System contract in effect for each of these Tiers on the effective date of this agreement.

B. Employees hired between October 1, 2011 and December 31, 2012 shall be provided a retirement formula of 2.0 percent @ 50 (2.7 percent @ 55). These employees shall contribute from their annual salary an employee contribution of 9 percent to CalPERS. Final compensation for employees hired on or after October 1, 2011 will be calculated based on a three-year average.

C. Those employees hired on or after January 1, 2013 (PEPRA), who are new members to CalPERS shall receive the new retirement safety formula of 2.7 percent @ 57 in accordance with Government Code section 7522.04.

Section II - Cost Sharing by Classic CalPERS Members

Effective the first full pay period of FY 2023, Classic FFA safety employees will contribute three percent (3%) of compensation earnable toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to California Government Code Section 20516(a), This cost sharing contribution will be in addition to the nine percent (9%) statutory employee contribution already paid by the employee, and will increase the employee’s contribution to a total of twelve percent (12%).

During the term of this MOU, the City shall initiate a CalPERS contract amendment, as soon as administratively possible t o change the three percent (3%) cost sharing under Government Code section 20516( a) described in the section above, to cost sharing of three percent (3%) of compensation earnable, pursuant to Government Code Section 20516(f). The change to cost sharing under Government Code section 20516( f) will be effective upon the conclusion by the City and CalPERS of the CalPERS contract amendment process. The total Classic member contribution shall remain at twelve percent (12%) of compensation earnable (9% statutory employee contribution plus 3%).

However, in that event, the cost sharing contributions will not be credited to each member’s account by CalPERS and will not be made on a pre -income tax basis, unless otherwise provided by law.

The CalPERS contract amend ment process has an employee election requirement for this amendment. Following the adoption of a Resolution of Intention for the contract

24 amendment, CalPERS will conduct a secret ballot election as required by applicable law prior to approving the CalPERS contract amendment.

If the employees vote in favor of the employee contribution rate change and Cal PERS approves the amendment, then as a result of the change to Government Code section 20516(f) cost sharing, prospective employee cost sharing contributions will be credited to each member's account as normal member contributions.

In the event employees do not vote in favor of the CalPERS contract amendment contribution rate change during the secret ballot election or if for some other reason CalPERS will not approve the contract amendment, Classic members will continue paying the three percent (3%) of compensation earnable toward the employer's contribution rate, as cost sharing pursuant to Government Code section 20516(a). However, in that event, the cost sharing contributions will not be credited to each member's account by CalPERS and will not be made on a pre-income tax basis, unless otherwise provided by law.

The employee cost sharing contributions will be made on a pre -income tax basis as allowed under Internal Revenue Service Code Section 414(h)(2) or as otherwise provided by law.

It is the intention of the parties that the Classic member cost sharing contributions shall continue beyond the term of this MOU, and until otherwise amended through the normal collective bargaining process.

The Long Beach Firefighter Association acknowledges and agrees that if this MOU expires without a successor MOU in place, the cost sharing contributions shall continue in the same manner as they were prior to expiration of the MOU.

If, for any reason, the cost sharing provisions of this MOU are not enforceable, whether by operation of law, a ruling by a court or administrative proceeding, or otherwise, the parties agree to re -open the MOU solely to collec tively bargain over the effects of this change.

Because Classic CalPERS members have voluntarily agreed to contribute an additional three (3) percent toward the City’s pension costs, both parties agree that members have reached the maximum employee contri bution of 12 percent allowed under Government Code Section 20516.5(b). Both parties agree that imposition of any additional member contribution is not currently permitted, as specified in Government Code section 20516.5(c).

25 ARTICLE SIX

OTHER BENEFITS AND CONDITIONS

Section I - Uniform Replacement

All uniform items required to be worn in accordance with the Policies and Procedures of the Long Beach Fire Department shall be issued or replaced at the discretion of the Fire Chief or his designee on a fair wear and tear basis.

Members of the bargaining unit that are identified as “ Classic members” through CalPERS membership shall have $3.85 reported each pay period as uniform allowance.

Uniform allowance is defined as compensation paid or the monetary val ue for the purchase, replacement, maintenance and/or rental of required City uniforms

Section II - Stand-by Pay

A. Employees who are released from active duty but who are required by the Fire Chief to leave notice where they can be reached and be available to return to active duty when required by the Department, shall be said to be on standby duty.

B. Standby duty requires that employees so assigned shall be ready to respond within 30 minutes, be reached by telephone or other communicating devices, and refrain from activities which might impair their ability to perform assigned duties.

C. Standby duty shall receive one (1) hour of straight -time pay for each day so assigned.

Section III – Certification

In accordance with the approved Table of Organization (TO) (organizational structure) in the Long Beach Fire Department, the City agrees that a vacancy in a rated position shall be deemed to exist upon the last physical on duty day of the terminating employee. If a vacancy exists in the approved Fire Department TO, a requisition shall be submitted to the Civil Service Commission. Appoint ment from the list of names provided by the Civil Service Commission will be in accordance with Civil Service Rules. When the number of vacant positions listed on the requisition are filled, the requisition shall be returned to the appropriate department for filing.

Section IV - Union Time Off

During the term of this Agreement, the union is permitted to use an aggregate of 1 ,000 hours per fiscal year for the purpose of conduc ting business which is strictly associated and connected with the local Firefighter Association. All authorizations are to be made in advance in writing to the Fire Chief, stating the purpose of the release and the time needed. Strict departmental records will be maintained on the utilization of all such hours.

26 In addition to the 1,000 hours of release time allotted to the Association, bargaining unit members may volunteer hours from their individual accumulated unpaid holiday or banked overtime to be used by the Association for the purpose of conducting business associated with and connected with the Firefighter Association. Donated hours will be carried over continuously and shall be subject to the same authorization and controls set forth in the preceding paragraph above.

During the term of this Agreement, the City and the Long Beach Firefighters Association agree to engage in further discussion regarding a full -time Firefighters Association President. No changes to the current term and conditions of employment may be made during the term of this MOU without the mutual agreement of the Association and the City.

Section V – Court Appearances (Subpoenas)

A. All court subpoenas shall be directed to Headquarters. Members shall comply with all subpoenas. Any member receiving a subpoena, other than through Headquarters, shall immediately notify Headquarters and have the subpoena duplicated and logged. Failure to do this will result in the member answering the subpoena on his/her own time without pay.

B. When a subpoena is delivered to an individual at a station or Bureau, Headquarters must be notified at once, and a copy forwarded.

C. Payroll requires a white overtime card be submitted whenever an employee answers an “On Call“ or “Court Appearance” subpoena off duty. Employees shall mark the appropriate box, CT On -Call or CT Appearance, on the overtime card and write the case number and case name in the comment section.

D. Court time is paid as follows:

1. Court on Call:

a. 1 hour in the morning from 0930 to 1230.
b. 1 hour in the afternoon from 1330 to 1630.

2. Court Appearance: Employees appearing in court in the AM or PM will be paid three (3) hours of overtime. However, employees appearing in the AM and held over to the PM will be paid three (3) hours for the AM plus ½ hour or hours actually worked, whichever is greater for the PM appearance.

Time will be paid at time and one -half, however, show only the actual time on your time card (Payroll will compound hours when card is processed).

E. For Orange and Los Angeles Counties, employees will also be credited with driving time from the Fire Department Headquarters to the court of appearance. For

27 appearances, out of the Los Angeles or Orange Counties, the Manager of Administration will review travel arrangements and approve compensation for travel and court time in advance.

F. Court time is a reimbursable cost from the State, so accurate time records are essential.

Section VI – Post-Accident Drug and Alcohol Testing Program

The City and the Long Beach Firefighters Association (LBFFA) agree to implement a post- accident drug and alcohol -testing program for all members of the association. The following substances shall be included in the drug and alcohol screen:

-Alcohol
-Amphetamines
-Barbiturates
-Benzodiazepines
-Cocaine
-Marijuana
-Methadone
-Methaqualone
-Opiates
-PCP

Employees shall be required to submit to drug and alcohol testing within two hours after they have been involved in a vehicular accident of any kind in which their vehicle was in motion and that requires the completion of a Fire Department Vehicle Ac cident Report (FR-304) and/or a City of Long Beach Employee Vehicle Accident Report (SF-309).

Tests shall be conducted at collection sites approved by the City’s Medical Review Officer (MRO) and shall be conducted in accordance with DOT approved standards . Drug tests shall be conducted at NIDA approved laboratories.

Employees who test positive for any drug shall have the right, within 72 hours, to request a retest of the sample. Such a retest shall be at the employee’s own expense. If the retest of the split sample produces a negative result, the entire test shall be considered negative and the employee will be reimbursed for the cost of the retest.

Employees who test positive for drugs, and/or whose breath alcohol concentration is .04 or greater shall be immediately removed from the workplace, shall be mandatorily referred to EAP, and shall be subject to disciplinary action. An employee who has a breath alcohol concentration of .039 or less shall be immediately removed from the workplace, on his/her own time, and mandatorily referred to EAP. The Fire Chief shall initiate an investigation into the circumstances surrounding the accident, and based on the findings of the investigation, shall retain the discretion to impose disciplinary action.

28 An employee’s refusal to submit to a drug or alcohol test shall be construed as a positive test.

Participants in this program shall continue to be subject to all other citywide or departmental drug and alcohol programs in place. Nothing in this program is intended to restrict the discretion of the Fire Chief from taking actions appropriate for violations of other policies or practices currently in place.

29 ARTICLE SEVEN

GRIEVANCE PROCEDURE

Section I – Definition

A. A grievance is a complaint by the Association or one or more employees concerning the application or interpretation of the specific provisions of this MOU, the Personnel Ordinance, Salary Resolution, written departmental rules and regulations, and policies and procedures manual(s) governing personnel practices or working conditions between the City and the Association.

B. Matters excluded from consideration under the grievance procedure include the following:

1. Position classification and grade designations;

2. Items otherwise expressly excluded under this MOU;

3. Nothing in this procedure shall be deemed to supersede the authority of the Civil Service Commission.

C. If an employee alleges that his/her rights protected by Title VII of the Civil Rights Act are being violated, the resolution of such co mplaint may only be pursued through the Equal Employment Opportunity Office or appropriate quasi -judicial agency.

Section II – Grievance Presentation

Employees shall have the right to present their own grievance or do so through their Association represe ntative(s). Grievances may also be presented by a group of employees or by the Association. Grievances filed by the Association will be filed with the Fire Chief who will have the sole discretion to determine at which level the grievance will first be heard.

Section III – Informal Procedure

A complaint shall be presented by the employee to the immediate supervisor within fifteen (15) calendar days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance.

Within fifteen (15) calendar days of the discussion with the employee, the supervisor shall schedule a meeting and/or respond verbally or in writing to the employee’s complaint.

30 Section IV – Formal Grievance Form

All formal grievances shall be processed on standard forms provided by t he Department of Human Resources. The following information shall be provided on every formal grievance form submitted by an employee and/or Association Representative:

A. Name(s) of grievant(s);

B. Brief explanation of the specific nature of the grievance;

C. Time and place of its occurrence, if known;

D. State the Article(s) of the MOU, including Personnel Ordinance and Salary Resolution, written departmental rules and regulations, and policies and procedures manuals, if applicable, which have been v iolated, misinterpreted or misapplied;

E. Person(s) contacted at the informal stage;

F. Statement of the corrective action desired.

Section V – Formal Procedure

A. Step One – Battalion Chief

Within fifteen (15) calendar days of the supervisor’s response or lack of response at the informal step, the employee, if dissatisfied, may submit a formal written grievance to the Battalion Chief.

Within fifteen (15) calendar days, the Battalion Chief shall schedule a meeting and/or provide a written response to the employee.

B. Step Two – Assistant Chief/Deputy Chief

Within fifteen (15) calendar days of the response from step one, the employee, if dissatisfied, may submit to the Assistant Chief/Deputy Chief a copy of the formal written grievance, including the step one response.

Within fifteen (15) calendar days, the Assistant Chief/Deputy Chief shall schedule a meeting and/or provide a written response to the employee.

C. Step Three – Fire Chief or Designee

Within fifteen (15) calendar days of the res ponse from step two, the employee, if dissatisfied, may submit to the Fire Chief or designee a copy of the formal written

31 grievance including the step two response.

Within fifteen (15) calendar days, the Fire Chief or designee shall schedule a meeting and/or provide a written response to the employee.

D. Step Four – Human Resources or Designee

Within fifteen (15) calendar days of the response from step three the employee, if dissatisfied, may submit to the Director of Human Resources or designee a copy of the formal written grievance including the step three response.

Within fifteen (15) calendar days, the Director of Human Resources or designee shall schedule a meeting and/or provide a written response to the employee.

E. Step Five – City Manager or Designee

Within fifteen (15) calendar days of the response from step four the employee, if dissatisfied, may submit to the City Manager or designee a copy of the formal written grievance including the step four response.

Within fifteen (15) calendar days, the City Manager or designee shall schedule a meeting and/or provide a written response to the employee.

F. Step Six – Arbitration

If the City Manager does not satisfactorily dispose of the complaint, the Association or employee may , within fifteen (15) calendar days, request that the matter be submitted to arbitration. The person designated by the Department of Human Resources shall meet with the Association representative or employee to determine what issue(s) the Association or e mployee desires to submit to arbitration. If agreement is reached, such agreement shall be reduced to writing and submitted to the arbitrator. If parties cannot agree on the specific issue(s), then each may submit its own statement, and the Arbitrator sh all consider and decide only the specific issue(s) submitted to him/her in writing by the City and the Association or employee(s), and shall have no authority to make a decision on any other issue(s) not so submitted.

If the matter is submitted to arbitration, the Arbitrator shall hold the hearing as soon as practicable, and the following shall apply:

1. The parties shall meet and attempt to jointly select an Arbitrator. If they are unable to make a joint selection in a period of time not to exceed fifteen (15) calendar days, either party may request a panel of five (5) arbitrators from the American Arbitration Association;

2. Upon receipt of a panel from the American Arbitration Association, the

32 parties shall meet within fifteen (15) calendar days, at which time the parties shall determine the Arbitrator by the alternate strike method. A coin flip will determine the party to strike first;

3. Employees called as witnesses shall be released from duty as needed;

4. The rules of conduct of proceedings shall be according to those procedures utilized by the American Arbitration Association;

5. The findings of the Arbitrator shall be transmitted only to the parties to the dispute or their representatives;

6. Each party shall bear the expenses of presenting its own case;

7. Costs of making stenographic record shall be born equally. The arbitrator’s fee shall be defrayed wholly by the party whose position was not supported by the arbitrator’s findings, except in the case of compromise decisions, the arbitrator shall be empowered to allocate the fee;

8. The Arbitrator shall not have the authority to amend, modify, or add to the provisions of the Agreement.

9. The Arbitrator shall be without power to make decisions contrary to or inconsistent with Federal o r State law, the City Charter, City Ordinances and Resolutions. The City shall take no action to resolve the dispute in its favor by amending its Ordinances or Resolutions related to the issue(s) in dispute during the duration of this Agreement.

10. Any issue of arbitrability must first be decided by the Arbitrator before proceeding to a hearing on the grievance;

11. The decision of the Arbitrator shall be final and binding.

Section VI-General Provisions

A. All time periods specified in this section may be extended by mutual consent of the aggrieved employee(s) or his/her representative(s) and management representative involved.

B. Failure of the Association or the grievant(s) to comply with the time limits of the steps of the grievance procedure will serve to declare the grievance as settled in favor of the other party and no further action may be taken under this Agreement.

Failure of the Employer to comply with the time limits of the steps of the grievance procedure will cause the grievance to advance to the next step in the process.

C. The processing of a grievance shall be considered as City business. The aggrieved

33 employee(s) and Association representative(s) shall be allowed reasonable time to participate in the grievance hearings without loss of pay for the time so spent. The cost of witnesses called by either party shall be borne by the party if required to testify when not otherwise required to be on duty.

D. Employees who so desire shall have the right to an Association representative at all stages of this Grievance Procedure.

E. No punitive action will be assessed against an employee for utilizing the grievance procedure.

34 ARTICLE EIGHT

HOURS OF WORK

Section I - Call Backs

For the purpose of maintaining a minimum staffing program, paid call backs shall be utilized to maintain a minimum on-duty manpower status as determined by the Fire Chief by utilizing available volunteer call -back personnel, hiring additional employees, or by ordering emplo yees to work extra shifts. Adequate funds will be provided in the Fire Department budget for such a constant staffing program, subject to annual budget approval by the City Council; up to and including the rank of Battalion Chief on a rank for rank basis.

Each Fire Engine and each Fire Truck shall be staffed by a minimum of four sworn fire suppression personnel. In case of emergency circumstance, including but not limited to a regional disaster, catastrophe, or declaration of fiscal emergency, the Fire C hief shall have the discretion to alter the deployment model during the duration of the crisis.

As set forth in Section 4.11 of the Personnel Ordinance, employees (Firefighters) shall be called back to work over their assigned platoon schedule as a resu lt of volunteering to work extra time due to the absence of an employee from regularly scheduled platoon duty or to volunteer for special training programs. It shall be the responsibility of the Firefighters Association and the Fire Chief to make every at tempt to ensure there are sufficient volunteers to cover all shifts so that the designated POST positions can be staffed.

During the term of this Agreement, employees on platoon duty shall continue to work a twenty-four (24) hour work shift that averages a fifty-six (56) hour work week.

Section II – MOU Overtime

Overtime for Firefighters on Platoon Duty

For members of the Fire Department assigned to platoon duty, the method of determining additional compensation for overtime shall be set forth in the MOU. For purposes of this section, platoon duty is defined as being that work schedule which requires an employee to work alternating shifts, each shift to consist of twenty -four (24) consecutive hours as follows:

Overtime Defined

Hours worked over th e assigned platoon schedule as a result of being held over schedule or being called back to duty from off -duty status, to combat fire, disaster or other emergency, working extra time due to the absence of an employee from regularly scheduled platoon duty, or for special events where the services of

35 Firefighters are deemed critical by the head of the department. Compensation for such overtime will be paid at the time and one-half times the regular rate of pay.

Section III – Payment for Overtime

An employee who is eligible for overtime benefits, and who is required to and shall work overtime, shall be allowed time off, subject to the following terms which are not intended to supersede existing conditions, restrictions and limitations, but rather to expand and/or modify those provisions currently provided for in the Personnel Ordinance.

A. Payoff of Overtime

An employee who is eligible under the Personnel Ordinance for overtime, and who is required to and does work overtime shall be compensated according to the following terms.

1. Overtime shall be paid in the pay period following the one in which the overtime was worked, or as soon as practicable thereafter.

2. At the specific request of the employee to the Fire Chief or his designee, the City will credit earned overtime to an account in the employee ’s name in an amount not to exceed four (4) days or 40 hours for an employee who works a 40 hour per week daylight schedule or four (4) shifts, or 96 hours for those in a platoon schedule. Employees shall not be permitted to add premium time to this account. Only straight time may be included in this account. All premium time shall be paid.

3. The credited earned overtime will be represented in hours on the employee’s paystub (These hours are equivalent to a specific cash value, namely the number of hours credited to the employee’s account multiplied by the employee’s straight hourly rate of pay). At the employee’ s request to the Fire Chief or his designee, the City will pay to the employee any or all portions of the value of the account, minus standard withholdings. Payments will be made in the pay period following the period in which the request is received.

4. The credited earned overtime reflected on an employee ’s paycheck does not constitute a compensatory time bank. Employees will not be permitted to take time off in lieu of payment for earned overtime.

5. All cash value banks will be paid off in full on: (a)the last full pay paycheck in a calendar year, (b) the pay period in which a general salary increase is effective, or (c) a pay period in which the employee receives a promotion to a higher rate of pay.

6. Cash value banks may be paid off, at the employee’s request, prior to the pay period in which a salary range decrease is effective.

36 7. The City retains the right to pay off the cash value of the employees accrued overtime at any time.

8. If the provisions of this Section III. B. are found t o be in conflict with State or Federal law, overtime shall be paid off in full in the pay period following the pay period in which it was earned.

B. Banked Time Off

1. Members who work a 40 hour per week daylight schedule will have the opportunity to use banked overtime credits for the purposes of taking time off not exceed four (4) days or 40 hours.

2. The following conditions shall apply to Banked Overtime.

a. Banked time off hours shall be taken by any employee only at such time as the department head, at his discretion, shall designate or approve; provided, however, that time off hours must be taken within the calendar year in which the overtime was worked.

b. Overtime earned and banked in one pay period may not be used until the following pay period. When employees receive time and one - half for overtime, they shall not be permitted to bank the premium time, because the banking of premium time will cause overti me pyramiding, which will increase the Fire Department's overtime liability. Only straight time may be banked. All premium time shall be paid.

c. All banked overtime hours not taken off in accordance with Section III, (B) (2) (a) above shall be automatical ly paid off in the following pay period or prior to a general salary increase.

d. No overtime hours shall be accumulated in excess of the maximum set forth above, or be carried over into the following calendar year.

e. All banked time off hours not taken off prior to the pay period in which a salary increase is effective (except for automatic step increases and that permitted to be carried over) shall be automatically paid at the lower pay rate.

37 Section IV - Fair Labor Standards Act (FLSA)

A. Work Schedule

All Firefighters through the rank of Battalion Chief on platoon duty will work a 2 8- day FLSA work cycle for the term of this Agreement.

B. Work Shift

All Firefighters through Battalion Chief on platoon duty shall work a 24-hour shift.

C. FLSA Overtime

The City agrees that it shall provide overtime compensation to all employees covered by this Agreement as required by the FLSA. Only hours worked shall be credited towards computation of FLSA overtime. At the end of the twenty-eight (28) day work period, if any FLSA overtime is payable, the difference between MOU overtime and FLSA overtime will be paid.

D. MOU Overtime

During the term of this Agreement, the City shall pay MOU overtime under this Article by crediting authorized paid leaves of absence, vacation, sick leave, holiday leave, other paid absences as hours worked. The City shall pay MOU overtime for hours worked in excess of the employee’s normally scheduled hours. MOU overtime will be payable each pay period.

E. Shift Trades

The trading of work time between unit employees shall be in accordance with the provisions of the FLSA.

Employees have the right to exchange shifts with their colleagues subject to the following conditions:

1. Both employees agree to the shift trade voluntarily.

2. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as worked on his or her time sheet.

3. Payback of the exchanged shift will be the responsibility of the two employees who exchange shifts and will not be monitored by the City. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back.

38 F. Early Relief

It is recognized practice for some unit employees to voluntarily relieve other unit employees working on the previous shift prior to the scheduled starting time.

This practice shall not change the actual amount of hours worked nor afford additional benefits to an employee.

G. Work Period

Pursuant to Section 7(k) of the F LSA, the City has adopted a 24 -day FLSA work period for all classifications in the bargaining unit.

During the term of this Agreement, the City will modify the 7(k) work period for fire protection employees from the 24 -day FLSA work period to a 28 -day FLSA work period to align the work period with the bi -weekly pay period . The 28-day period begins on a S aturday at 8:00 a.m. and ends 28 days later on a Saturday at 7:59 a.m.

Section V - Exemptions from the Provisions of the FLSA

During the term of this Agreement, employees in the positions of Battalion Chief and Fire Captain will be accorded the same benefits for overtime purposes as employees in non- exempt positions, as set forth in the FLSA.

Section VI — Canine Reimbursement Pay

At the sole discretion and authority of the Fire Chief, an employee of the Long Beach Fire Department may be assigned to work with a privately -owned search and rescue dog provided by the National Search Dog Foundation and use said dog in connection with the performance of his/her duties as a member of the Urban Search and Rescue Program.

A. If the Fire Chief exercises this a uthority, the employee assigned to this duty shall be entitled to the following additional compensation, effective after the first full pay period after adoption by the Council of the successor MOU:

1. Training as directed by the Fire Department shall be conducted while the assigned employee is on -duty. If training is scheduled while the assigned employee is not on duty, the employee shall be compensated at the regular overtime rate of pay

2. Necessary veterinarian visits shall be scheduled while the assign ed employee is on-duty or the employee shall be compensated at the regular overtime rate of pay for off-duty visits.

39 C. For purposes of complying with the FLSA, and to accommodate employees for the off-duty care of their search and rescue dog(s), the parties have agreed to the following terms:

1. The canine handler will have six (6) hours per biweekly pay period to care for, and exercise their search and rescue dog(s).

2. The canine handler will be paid for these six (6) off -duty hours at the overtime rate of the State of California minimum wage (1.5 x minimum wage).

3. If the employee does not possess a qualified search and rescue dog(s) for a majority of a biweekly pay period, the reimbursement will not be paid.

40 ARTICLE NINE

GENERAL PROVISIONS

Section I - Intent of the Parties

It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior written agreements. It is understood by and between the parties that the intent as set forth herein shall be to cover the wages, ho urs and working conditions of the employees represented by the Association.

It is agreed that there exists within the Fire Department, personnel policies and procedures, general orders, departmental policies and rules and regulations. Except as specifically modified by this MOU, these rules and regulations, and policies and any subsequent amendments thereto shall be in full force and effect during the term of this MOU. Before any new or subsequent amendments to these policies or departmental rules and re gulations directly affecting wages, hours and terms and conditions of employment are implemented, the City through the Fire Chief, shall meet in accordance with Government Code Section 3500 et seq., with the Association regarding such changes.

However, the existing provisions of the Salary Resolution and Personnel Ordinance that apply to employees represented by the Association shall remain in full force and effect during the term of this Agreement unless otherwise modified by this MOU.

Section II - Support of Agreement

By entering into this Agreement, the City and the Association have arrived at a final understanding through the meet and confer process resolving any differences which may have arisen during that process. Accordingly, it is agreed that t he Association and the City will support this Agreement for its term.

Section III - Separability

Should any provision of this Memorandum of Understanding be found to be inoperative, void or invalid by a court of competent jurisdiction, inclusive of appea ls, if any, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding.

Section IV - Ratification and Implementation

Nothing contained in the Memorandum of Understanding shall become binding upon the parties until such time as the City Council, by legislative enactment and allocation of funds, agrees and adopts its terms and conditions. This mutual recommendation is to be jointly submitted to the City Council for co nsideration and adoption of the necessary legislative enactments to implement the provisions of this MOU.

41 Section V - Term and Renegotiation

The term of this Memorandum of Understanding shall be from October 1, 20 22 through September 30, 2025.

All terms and Conditions of the existing Memorandum of Understanding unless and except as amended by mutual agreement, will remain in full force and effect through and including September 30, 2025. All rights, obligations, terms, and provisions of this contract shall expire on the termination date. The provisions of this Agreement may be extended by mutual agreement in writing. However, the parties agree that the provisions of the Personnel Ordinance and Salary Resolution that apply to employees represented by the Association shall continue while good faith negotiations to secure a new agreement are proceeding.

Any party wishing to negotiate a successor to this Agreement shall send written notice to the other party of its intentions to do so no sooner than Ap ril 15, 2025, and no later than May 15, 2025.

42 IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed this ________ day of ___________________, 2022.

FOR THE FIREFIGHTERS' ASSOCIATION:

___________________________ ________________________
REX PRITCHARD, President AL SUAREZ, Vice President
Firefighters' Association Firefighters’ Association

___________________________ ___________________________ KEVIN SCOTT, Secretary/Treasurer PAUL RODRIGUEZ, Director Firefighters’ Association Firefighters’ Association

___________________________
LAMONT NGUYEN, Director
Firefighters’ Association

FOR THE CITY OF LONG BEACH:

___________________________ __________________________ THOMAS B. MODICA XAVIER ESPINO
City Manager Fire Chief

___________________________ ___________________________

JOE AMBROSINI JEFFREY HARDIN
Director, Human Resources Assistant Fire Chief

___________________________

CHRISTIAN CAMBRIDGE IRMA RODRIGUEZ MOISA
Labor Relations Officer Chief Negotiator, AALRR

___________________________ ___________________________

SUSIE OH SHEREE VALDORIA
Administrative Analyst Personnel Analyst

43 APPENDIX “A"

LISTING OF CLASSIFICATIONS

Firefighters – Basic Unit
Fire Recruit
Firefighter
Fire Engineer
Fire Boat Pilot
Fire Safety Specialist – NC
Firefighter - NC

Firefighters – Supervisory Unit
Fire Captain
Battalion Chief

44 APPENDIX “B”

TRUE MEDIAN CALCULATION AND TOTAL COMPENSATION DEFINITION

A. Calculation of true median total compensation will be attained through an agreed upon total compensation formula that uses the same approach and makes the same determinations as the parties employed when agreeing upon the total compensation formula attached hereto which includes:

1. Base Salary (at top step of applicable salary range)

2. Maximum Uniform Allowance

3. Maximum EMT Pay

4. Education Incentive Pay (Bachelor’s Degree)

5. Longevity Pay (highest paid level)

6. Wellness Program Participation Pay

7. Employer Pick-up of Employee Retirement Contribution Amount

8. Employee Cost Sharing of Employer Retirement Costs

9. Employer Paid Deferred Compensation Contributions

10. Post-Retirement Health Savings Account Employer Contributions

B. Median total compensation will be calculated based upon the sum of the total compensation components described in Section VIII(A), above, by rank for the following agencies: Anaheim, Glendale, Huntington Beach, Los Angeles City, Los Angeles County, Orange County, Pasadena, Santa Ana, Santa Monica, a nd Torrance.

C. The median is defined as the total compensation value which is halfway between the fifth (5th) and sixth (6th) highest agencies when the agencies are rank ordered according to their total compensation with the agency with the highest total compensation being ranked 1st.

45 APPENDIX “C "

PAY RATES AND STEP SCHEDULE

LONG BEACH FIREFIGHTERS ASSOCIATION
MOU TERM: OCTOBER 1,2022 – SEPTEMBER 30, 2025

Salary Schedule for Represented Sworn and Non-Sworn Positions

Rates not yet available, they will be added upon verification of increased amounts.

46 APPENDIX “D”

FFA SKILL PAYS AND OTHER COMPENSATION

CODE DESCRIPTION CLASSIFICATION AMOUNT RATE
TYPE
BASIS
MW Wellness Participation -
Compensation for employees who
have fully participated in the City
approved Fire Wellness Program
during the prior calendar year.

Sworn Fire
Classifications
$100.00 Monthly Flat Rate
DH Dog Handling - For the purposes of
complying with the Fair Labor
Standards Act, to accommodate
employees for the handling of service
dogs off duty, the parties have agreed
to the following terms and
conditions: of the biweekly payment,
the handler will be deemed to have
spent six (6) hours off duty every
fourteen (14) calendar days and will
be paid for six (6) hours at the
overtime rate at one-half (1.5) of the
current state minimum wage, to feed,
exercise, clean and maintain the
service dog.

Sworn
classifications
represented by
the FFA
Minimum Wage 6 hours
per pay
period
Minimum wage
rate x 1.5
(overtime rate)
S1/S2

Rescue Boat Captain - When certified
and temporarily assigned from
qualified relief to work as a Rescue
Boat Captain.

Fire Captain 1.50% Per
Diem -
Hourly
Top step of
Firefighter base
hourly
S1/S2

Fire Boat Operations - When certified
and temporarily assigned from
qualified relief assigned to Fire Boat
Operations.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

1.50% Per
Diem -
Hourly
Top step of
Firefighter base
hourly
S1/S2

Urban Search and Rescue (USAR) -
When certified and temporarily
assigned from qualified relief to the
USAR station.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

1.50% Per
Diem -
Hourly
Top step of
Firefighter base
hourly
S1/S2

Hazardous Materials (HAZMAT)-
When certified and temporarily
assigned from qualified relief to the
Hazardous Materials station.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

1.50% Per
Diem -
Hourly
Top step of
Firefighter base
hourly

47 S1/S2

Aircraft Rescue and Fire Fighting
(ARFF) - When certified and
temporarily assigned from qualified
relief to the ARFF station.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

1.50% Per
Diem -
Hourly
Top step of
Firefighter base
hourly
S1/S2

Paramedic Preceptor - Compensation
to permanent full-time bargaining
unit members who are certified as
Paramedic Preceptors and who train
Paramedic Trainees.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

10.00% Per
Diem -
Hourly
Top step of
Firefighter base
hourly
WA Wellness Participation and
Achievement - Compensation for
employees who have fully
participated in the City approved Fire
Wellness Program during the prior
calendar year and who achieve the
agreed upon Wellness Program
benchmarks. Maximum total
wellness payment (MW and WA) is
$200.

Sworn
classifications
represented by
the FFA
$100.00 Monthly Flat Rate
703 Paramedic - After being licensed
through the State of California and
accredited by the local emergency
services agency and while fully
trained and assigned to paramedic
duty.

Firefighter 19.00% Hourly Top step of
Firefighter base
hourly
712 Arson Investigator - When certified
and permanently assigned to perform
full duties of an Arson Investigator.

(CSFM) PC 832 Arrest and Firearms
Course
(CSFM) Fire Investigator 1A
(CSFM) Fire Investigator 1B
(CSFM) Fire Investigator 2A
(CSFM) Fire Investigator 2B

OR

(CSFM) PC 832 Arrest and Firearms
Course
(CSFM) Fire Investigation 1A
(CSFM) Fire Investigation 1B
(CSFM) Fire Investigation 2A
(CSFM) Fire Investigation 2B

OR

(CSFM) PC 832 Arrest and Firearms
Fire Captain
Fire Engineer
Firefighter

16.00% Hourly Top step of
Firefighter base
hourly

48 Course
(CSFM) Fire Investigation 1A
(CSFM) Fire Investigation 1B
(CSFM) Fire Investigation 1C
721 Emergency Apparatus - When
regularly assigned to apparatus other
than a single function fire boat and in
possession of the required California
State Emergency Apparatus
Operator's License.

Fire Engineer 3.00% Hourly Top step of
Firefighter base
hourly
722 Urban Search and Rescue (USAR) -
When certified and permanently
assigned to the USAR program
station.

If assigned to the program station,
incumbent must possess the following
certificates:

Rescue Systems I
Rescue Systems II
Confine Space Rescue
Trench Rescue

If assigned to the program station,
incumbent must possess one of the
following certificates in addition to the
certificates listed above:

Search (K-9)
Technical Search
Heavy Equipment & Rigging Specialist
Medical Specialist

Must attend continuing education
training as determined by the Fire
Chief.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

6.00% Hourly Top step of
Firefighter base
hourly
723 Urban Search and Rescue (USAR) -
When certified and assigned as
qualified relief coverage to the USAR
program.

If assigned as certified or qualified
relief:

Rescue Systems I
Rescue Systems II
Confine Space Rescue
Trench Rescue

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

4.50% Hourly Top step of
Firefighter base
hourly

49 Must attend continuing education
training as determ ined by the Fire
Chief.
724 Urban Search and Rescue (USAR) -
When permanently assigned as an
instructor and training coordinator at
an Urban Search and Rescue program
station. Exceptions to the location
requirement may be approved by the
Fire Chief.

This payment will be limited to two
(2) employees per shift.

Must attend continuing education
training as determined by the Fire
Chief.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

2.50% Hourly Top step of
Firefighter base
hourly
725 Hazardous Materials (HAZMAT) -
When certified and permanently
assigned to the HAZMAT program
station.

(CSFM) Hazardous Materials
Specialist

Must attend continuing education
training as determined by the Fire
Chief.

The maximum will be limited to two
(2) per shift for a maximum of six (6)
total as determined by the Fire Chief
or Program Manager.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

6.00% Hourly Top step of
Firefighter base
hourly
726 Hazardous Materials (HAZMAT) -
When certified and assigned as
qualified relief coverage to the
HAZMAT program.

(CSFM) Hazardous Materials
Specialist

Must attend continuing education
training as determined by the Fire
Chief.

The maximum will be limited to two
(2) per shift for a maximum of six (6)
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

4.50% Hourly Top step of
Firefighter base
hourly

50 total as determined by the Fire Chief
or Program Manager.

727 Hazardous Materials (HAZMAT) -
When certified and permanently
assigned as an instructor and training
coordinator at the Hazardous
Materials program station.

Exceptions to the location
requirement may be approved by the
Fire Chief. This payment will be
limited to two (2) employees per
shift.

(CSFM) Hazardous Materi als
Specialist

Must attend continuing education
training as determined by the Fire
Chief.

The maximum will be limited to two
(2) per shift for a maximum of six (6)
total as determined by the Fire Chief
or Program Manager.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

2.50% Hourly Top step of
Firefighter base
hourly
728 Aircraft Rescue and Fire Fighting
(ARFF) - When certified and
permanently assigned to the ARFF
program station.

Attend FAA approved annual live fire
burn training.

Must attend continuing education
training as determined by the Fire
Chief.

Pass annual written exam
administered by the Training Director.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

6.00% Hourly Top step of
Firefighter base
hourly
729 Aircraft Rescue and Fire Fighting
(ARFF) - When certified and assigned
as qualified relief coverage to the
ARFF program.

Attend FAA approved annual live fire
burn training

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

4.50% Hourly Top step of
Firefighter base
hourly

51 Must attend continuing education
training as determined by the Fire
Chief.

Pass annual written exam
administered by the Training Director.

730 Longevity 10 years – Compensation
to eligible permanent full time
bargaining unit members for ten (10)
years or more but less than fifteen
(15) years of service as defined in
Article II (4), (5), and (6) herein.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

5.00% Hourly Top step of
Firefighter base
hourly
731 Longevity 15 years - Compensation to
eligible permanent full time
bargaining unit members for fifteen
(15) years or more but less than
twenty (20) years of service as
defined in Article II (4), (5), and (6)
herein.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

10.00% Hourly Top step of
Firefighter base
hourly
732 Public Information Officer - When
certified and permanently assigned to
Public Information Officer.

(CSFM) Fire Prevention 1A
(CSFM) Fire Prevention 1B
Two (2) of the following certifications:
o California State Fire Training
Public Education 1
o California State Fire Training
Community Risk Educator
o Basic Public Information
Officer (G-290) CSTI or equivalent
as determined by the Fire Chief
o Advanced Public Information
Officer (L0388) CSTI or equivalent
as determined by the Fire Chief

OR

Fire Inspector 1A
Fire Inspector 1B
Fire Inspector 1C
Two (2) of the following certifications:
o California State Fire Training
Public Education 1
o California State Fire Training
Community Risk Educator
Fire Captain 6.00% Hourly Top step of
Firefighter base
hourly

52 o Basic Public Information
Officer (G-290) CSTI or equivalent
as determined by the Fire Chief
o Advanced Public Information
Officer (L0388) CSTI or equivalent
as determined by the Fire Chief

732 Training Captain - When certified and
permanently assigned to Training
Captain.

(CSFM) Fire Instructor 1A
(CSFM) Fire Instructor 1B
(CSFM) Fire Instructor 2A
(CSFM) Fire Instructor 2B
(CSFM) Fire Instructor 2C

OR

(CSFM) Fire Instructor 1A
(CSFM) Fire Instructor 1B
Instructor II Instructor Development

OR

Instructor I Instructor Methodology
(CSFM) Fire Instructor 2A
(CSFM) Fire Instructor 2B
(CSFM) Fire Instructor 2C

OR

Instructor I Instructor Methodology
Instructor II Instructor Development

Fire Captain 6.00% Hourly Top step of
Firefighter base
hourly
732 Fire Prevention Captain - When
certified and permanently assigned to
Fire Prevention Captain.

(CSFM) Fire Prevention 1A
(CSFM) Fire Prevention 1B
(CSFM) Fire Prevention 1C
(CSFM) Fire Prevention 2A
(CSFM) Fire Prevention 2B
(CSFM) Fire Prevention 2C

OR

(CSFM) Fire Prevention 1A
(CSFM) Fire Prevention 1B
(CSFM) Fire Prevention 1C
(CSFM) Fire Prevention 2A
Fire Captain 6.00% Hourly Top step of
Firefighter base
hourly

53 (CSFM) Fire Prevention 2B
(CSFM) Fire Prevention 2C
(CSFM) Fire Prevention 2D

OR

(CSFM) Fire Inspector 1A
(CSFM) Fire Inspector 1B
(CSFM) Fire Inspector 1C
(CSFM) Fire Inspector 1D
(CSFM) Fire Inspector 2A
(CSFM) Fire Inspector 2B
(CSFM) Fire Inspector 2C

OR

(CSFM) Fire Inspector 1A
(CSFM) Fire Inspector 1B
(CSFM) Fire Inspector 1C
(CSFM) Fire Inspector 1D
(CSFM) Fire Inspector 2A
(CSFM) Fire Inspector 2B
(CSFM) Fire Inspector 2C
(CSFM) Fire Inspector 2D

Must attend continuing education
training as determined by the Fire
Chief.

732 Paramedic Coordinator - When
certified and permanently assigned to
Paramedic Coordinator.

Relevant and appropriate
certification.

Fire Captain 6.00% Hourly Top step of
Firefighter base
hourly
732 Rescue Boat Captain - When certified
and permanently assigned to Rescue
Boat Captain.

Relevant and appropriate
certification.

Fire Captain 6.00% Hourly Top step of
Firefighter base
hourly
733 Rescue Boat Captain - When certified
and assigned as qualified relief for a
Rescue Boat Captain.

Relevant and appropriate
certification.

Fire Captain 4.50% Hourly Top step of
Firefighter base
hourly

54 735 Administrative Assignment - When
regularly assigned to a non-platoon
schedule in Fire Prevention, Support
Services, Operations, or
Administration.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter
$2.300 Hourly Flat Rate
736 Administrative Qualified Relief -
When regularly assigned to a non-
platoon schedule in Fire Prevention,
Support Services, Operations, or
Administration and is an assigned
qualified relief.

Fire Captain
Fire Engineer
Firefighter

1.50% Hourly Top step of
Firefighter base
hourly
737 Prevention - When certified and
permanently assigned to perform Fire
Prevention duties.

(CSFM) Fire Prevention 1A
(CSFM) Fire Prevention 1B
(CSFM) Fire Prevention 1C

OR

(CSFM) Fire Inspector 1A
(CSFM) Fire Inspector 1B
(CSFM) Fire Inspector 1C
(CSFM) Fire Inspector 1D

Must also attend continuing education
training as determined by the Fire
Marshal.

Fire Engineer
Firefighter

6.00% Hourly Top step of
Firefighter base
hourly
738 Longevity 20 years - Compensation to
eligible permanent full time
bargaining unit members for twenty
(20) years or more of service as
defined in Article II (4), (5), and (6)
herein.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter
15% Hourly Top step of
Firefighter base
hourly
747 Fire Boat Operations – When
certified and assigned to Fire Boat
Operations.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

6.00% Hourly Top step of
Firefighter base
hourly
748 Fire Boat Operations – When
certified and assigned as qualified
relief coverage to the Fire Boat
Operations.

Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

4.50% Hourly Top step of
Firefighter base
hourly
749 Firefighter II - Permanent full-time
bargaining unit members who have at
least six (6) years of experience, as
Battalion Chief
Fire Boat Pilot
Fire Captain

6.00% Hourly Top step of
Firefighter base
hourly

55 defined in Article II (4), (5),and (6)
herein, and who have satisfied State
of California Fire Marshal Firefighter II
certification standards. Pay is
effective on the date proof of
certification is submitted to Fire
Management.

Fire Engineer
Firefighter
750 Strike Team Leader - When
possessing Strike Team Leader
certificate.

Battalion Chief 1.50% Hourly Top step of
Firefighter base
hourly
751 Urban Search and Rescue (USAR) -
When possessing a certificate for
USAR but not permanently assigned
to the program station or assigned as
qualified relief.

If assigned as certified or qualified
relief:

Rescue Systems I
Rescue Systems II
Confine Space Rescue
Trench Rescue

Must attend continuing education
training as determined by the Fire
Chief.

Battalion Chief
Fire Captain
Fire Engineer
Firefighter

1.50% Hourly Top step of
Firefighter base
hourly
752 Hazardous Materials (HAZMAT) -
When possessing a certificate for
HAZMAT but not permanently
assigned to the program station or
assigned as qualified relief.

Maximum of three certifications in
USAR, HAZMAT, ARFF, or Fire
Prevention. Battalion Chief will be
eligible for pay for a maximum of one
certificate in the program areas
indicated.

(CSFM) Hazardous Materials
Specialist

Must attend continuing education
training as determined by the Fire
Chief.

The maximum will be limited to two
(2) per shift for a maximum of six (6)
Battalion Chief
Fire Captain
Fire Engineer
Firefighter

1.50% Hourly Top step of
Firefighter base
hourly

56 total as determined by the Fire Chief
or Program Manager.

753 Aircraft Rescue and Fire Fighting
(ARFF) - When possessing a
certificate for ARFF but not
permanently assigned to the program
station or assigned as qualified relief.

Maximum of three certifications in
USAR, HAZMAT, ARFF, or Fire
Prevention. Battalion Chief will be
eligible for pay for a maximum of one
certificate in the program areas
indicated.

Attend FAA approved annual live fire
burn training

Must attend continuing education
training as determined by the Fire
Chief.

Pass annual written exam
administered by the Training Director.

Battalion Chief
Fire Captain
Fire Engineer
Firefighter

1.50% Hourly Top step of
Firefighter base
hourly
754 Fire Prevention - When possessing a
certificate for Fire Prevention but not
permanently assigned to the program
station or assigned as qualified relief.

Maximum of three certifications in
USAR, HAZMAT, ARFF, or Fire
Prevention. Battalion Chief will be
eligible for pay for a maximum of one
certificate in the program areas
indicated.

Battalion Chief
Fire Captain
Fire Engineer
Firefighter

1.50% Hourly Top step of
Firefighter base
hourly
756 Public Information Officer - When
possessing a certificate for Public
Information Officer but not
permanently assigned to the program
station or assigned as qualified relief.

Maximum of three certifications.

Fire Captain 1.50% Hourly Top step of
Firefighter base
hourly
757 Training Captain - When possessing a
certificate for Instructor/Training (Fire
Instructor II) but not permanently
assigned to the program station or
assigned as qualified relief.

Maximum of three certifications.

Fire Captain 1.50% Hourly Top step of
Firefighter base
hourly

57 758 Fire Boat Operations - When
possessing a certificate for Fire Boat
Operations but not permanently
assigned to the program station or
assigned as qualified relief.

Must attend continuing education
training as determined by the Fire
Chief

Maximum of three certifications in
USAR, HAZMAT, ARFF, or Fire
Prevention. Battalion Chief will be
eligible for pay for a maximum of one
certificate in the program areas
indicated.

Battalion Chief
Fire Captain
Fire Engineer
Firefighter

1.50% Hourly Top step of
Firefighter base
hourly
759 Hazmat First Responder Operations -
Compensation to eligible employees
who complete the HAZMAT First
Responder Operations certificate
program.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

1.00% Hourly Top step of
Firefighter base
hourly
784 Associate Degree - Additional
compensation to identified Fire
classifications who have obtained a
degree of Associate of Arts, or 60 or
more equivalent semester units in
courses in fire science administration,
and similar approved fields, from an
accredited institution.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

4.50% Hourly Top step of
Firefighter base
hourly
786 Bachelor’s Degree - Additional
compensation to identified Fire
classifications who have obtained a
degree of Bachelor of Arts or
Bachelor of Science, or Bachelor of
Vocational Education, from an
accredited college or university in Fire
Science Administration and similar
approved fields.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

5.25% Hourly Top step of
Firefighter base
hourly
787 Master’s Degree - Additional
compensation to the identified
classifications who have obtained a
Master’s Degree from an accredited
college or university in Fire Science,
Administration and similar approved
fields.

Battalion Chief
Fire Boat Pilot
Fire Captain
Fire Engineer
Firefighter

6.00% Hourly Top step of
Firefighter base
hourly

58 Skill Pays and Other Compensation Legend

Code The code used to identify the other pay in the payroll system. • Numerical codes are used on the HR-1 to add the other pay to an employee’s pay (adjusted rate).
• Letter codes are used to apply the pay on the employee’s timesheet. • Numerical codes that can also be applied on a per diem basis will use S1/S2 on the timesheet.

Description The description of the other pay, which includes requirements and other pertinent information.

Classification The classifications eligible for the other pay.

Amount The amount paid based on the rate type or basis.

Rate Type • Hourly represents the amount paid per hour. For sworn Fire positions, hourly represents the daylight hourly amount.
• Platoon schedule per diem rates shall be calculated as follows: daylight hourly rate divided by 1.4. This calculation accounts for the 56-hour equivalent, as referenced in the MOU.
• Per diem hourly rates shall be the hourly rate times the number of regular hours an employee works in a day.
• Per diem daily rates are a flat daily rate, no matter how many hours the employee works per day.

Occupational skill pays shall be paid to the employee at an hourly rate only if said employee is assigned to regularly perform said occupational skill on a daily basis. If an employee is not regularly assigned to perform said occupational skill on a daily basis, then the additional pay shall be paid at a per diem rate, and said per diem skill pay shall be paid for each work day that said employee actually performs said occupational skill.

Basis The basis is a reference point used to compute the total amount. • Flat rate is the amount paid by the rate type.
• Percentage pays identify the basis used to calculate the other pay. Percentage pays will change anytime there is an increase to the pay identified in the basis.

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