47 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
STEP II Department Head: If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the time limit, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days.
STEP III Hearing:
(a) Grievance to Director of Personnel: If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Director of Personnel.
(b) Selection of Board Members : Subject to Section 6 of this Article, within seven (7) calendar days of receiving the grievance at this level, the Director of Personnel shall meet with the grievant and/or the grievant's representative to select two members of a grievance hearing board. The grievant and/or representative shall select one member; the Director of Personnel shall select another member.
The two board members shall select a third member to serve as Chairperson. The board members may be any persons who are not directly involved in the incidents of the grievance or in the line of supervision over the grievant either at the time of the hearing or at the time the incidents referred to in the grievance occurred. Any person nominated to be the chairperson shall be subject to disqualification and the action of the Board cancelled if it can be shown that he/she had direct interest in the resolution of the grievance.
(c) Hearing Procedures:
1. The board members shall be given prior access to the grievance form, all written responses and all supportive material attached thereto.
2. The board shall provide written announcement of the location, date and time of the hearing to each side.
3. The hearing may be public or closed as requested by the grievant.
4. The manager who is the subject of the grievance shall be represented by the Director of Personnel or other person designated by him/her.
5. Each side shall have the opportunity to present written and oral evidence.
Witnesses shall be under oath.
6. The board shall rule on the admissibility of evidence. Legal rules of evidence shall not apply.
48 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
7. Each side shall receive a copy of the written evidence and have the opportunity to question the witnesses of the other side.
8. The parties shall have the rig ht to record hearings by audio recorders or, by mutual agreement, by court reporter.
9. The board members, if City employees, are entitled to carry out all activities connected with the hearing, including preparation for the hearing and preparation of report on City work time.
10. Consistent with the above requirements, the board may establish such additional procedures, as it deems necessary to carry out its responsibilities.
(d) Board Report:
1. The board shall submit a written report of its findings to the City Manager with copies to the grievant, the appropriate department head and the Director of Personnel.
2. The report shall contain only the following:
(a) Recommendation on each specific remedy requested on the grievance form.
(b) Findings of fact about the alleged violation(s) by management.
(c) The date, time and location of the hearing, the names of witnesses and a copy of all pertinent documents.
3. The board may recommend that no remedy be granted, that the remedy sought be granted or that an alternate remedy be granted. In order to grant some remedy to the grievant, it must be shown to the satisfaction of the board that such remedy is justified by a preponderance of evidence is consistent with the relevant MOU and the grievant met the requirements of the grievance procedure.
4. There shall be only one report from the board.
5. The discussions of the board members are confidential. All copies of materials and working papers of the board members shall be maintained by the Chairperson of the Board for 90 days after the d ecision of the City Manager is disseminated and then destroyed as soon as practical thereafter.
6. Necessary clerical support for the board shall be made available by the Office of the City Manager.
49 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
(e) City Manager's Response : The City Manager sha ll provide written response to both parties and the members of the board on the resolution of the grievance. If the City Manager disagrees with any recommendation of the Board, their written response shall indicate strong and compelling reason(s) for that disagreement. Basis for disagreement may be any one or more of the following:
1. The Board substantially deviated from the hearing procedures.
2. The recommendation is in excess of the remedy sought on the initial grievance submittal.
3. The recommendation is inconsistent with the MOU.
4. The recommendation is inconsistent with the facts as stated in the grievance form and/or the written information provided by the Board.
The decision of the City Manager shall be final and not subject to further appeal except for such appeals to the Courts and State or Federal compliance agencies as provided by law.
Section 6 Interpretation and Application
The Director of Personnel is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Director of Personnel's actions or interpretations, the final authority will be the City Manager. The City Manager's determinations on the application and interpretation of the grievance procedure are final and not subject to further appeal or grievance.
Section 7 Implementation
If the City later grants binding arbitration as the final step for grievance resolution to the Police Officers’ Association, that procedure shall be incorporated into this Article and applied to the members of the Firefighters’ Association.
50 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 29 – PARAMEDIC ASSESSMENT COMPANY
Section 1 Definition
A Paramedic Assessment Company consists of a fire apparatus with advanced life support capability (ALS) staffed by a Fire Captai n, Fire Engineer and Firefighters. Paramedics (EMT -P) on the assessment company shall carry out duties as defined by the appropriate San Diego County and State of California Emergency Medical Services (EMS) agencies.
Section 2 Funding
Costs of the Paramedic Assessment Company program are paid from reimbursements for services provided by the Fire Department to the City’s Ambulance Transportation Services Program. Costs are to include licensing, continuing education, supplies, compensation and any other costs directly attributed to the program.
Section 3 Components of the Program
1) Eligibility for Training: An employee must receive prior City approval to participate in the paramedic training and certification program, and the City retains sole discretion to approve or deny an employee’s participation in paramedic training. Additionally, employees will be eligible for Paramedic training only upon successful completion of their probationary period with the City of National City.
2) Lateral or new hires: Lateral or new hires with current Paramedic certification will be eligible for Paramedic duty after completion of department approved certification process with the City of National City.
3) Promotions: EMT-P licensing shall not be considered grounds to disqualify nor restrict employees from pursuing promotional opportunities within the Department.
Required length of service:
Employees entering the program agree to maintain their EMT -P status for a four year (4) period. After this four (4) year period, an EMT-P may end participation in the program only if qualified EMT-P replacement is available and by submitting a written resignation from the program ninety (90) days prior. In the case of simultaneous resignation requests, resignation will be based on seniority. Up on resignation, EMT -P compensation and reimbursements shall end.
Reimbursement to the City:
Employees who gain EMT-P certification as a function of their employment with the City have an obligation to provide EMT -P services to the City for a period of fo ur (4) years from the time they receive EMT -P certification. Employees, who voluntarily resign from City employment before four (4) years, will be obligated to reimburse the City for all costs associated with EMT-P training. Extenuating circumstances that require an individual to leave the program or leave City employment prior to completing his or her four (4) year commitment may be considered on a case-by-case basis before assessing the reimbursement costs.
51 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
Section 4 Paramedic Specialty Compensation & EMT Compensation - Paramedic Assessment Company
Upon licensing and for as long as they remain in the Paramedic program, employees holding the EMT-P license shall receive an additional 15% incentive pay to their hourly base salaries for as long as the employee maintains current EMT-P certification.
EMT-P employees shall be compensated at the rate of one and a half (1½) times for continuing education outside of regular work hours. This compensation will not exceed the minimum forty (40) hours of continuing education required by the State every two years to maintain EMT-P status.
EMT Compensation - Paramedic Assessment Company:
EMT employees who are not EMT-P’s shall receive an additional 1½% incentive pay to their current wage step hourly base salaries.
52 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 30 – DEFERRED COMPENSATION
FFA employees shall have the option to enroll in either the ICMA or the Nationwide plan but not both. The City will not agree to any enhancements to the Nationwide plan that would jeopardize the tax exempt status of the City’s current plan with the IRS.
53 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 31 – CATASTROPHIC LEAVE
Bargaining unit members are eligible to use catastrophic leave under the City’s catastrophic leave policy and must meet all eligibility requirements under that policy, except that bargaining unit members may retain 96 hours of sick leave and 96 hours of vacation leave in their leave balances.
Both banks must be exhausted or be projected by Human Resources staff to reach to a maximum of 96 hours during the anticipated term of absence in order to be eligible for a catastrophic leave bank.
54 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 32 – ASSOCIATION BANK
Section 1 Leave Bank
The intent of this article is to provide National City employees representing the National City Firefighters’ Association (FFA) with a leave bank that can be utilized when conducting business benefitting the local association and its members such as but not limited to attending meetings and conferences on behalf of the association and/or its member(s).
The cumulative Association Leave Bank maximum accrual is 360 hours per fiscal year.
1. Should the Association Leave Bank reach 360 hours in any fiscal year, additional donations shall not be accepted until the start of the next fiscal year up to a maximum of 360 hours.
2. The initial Association Leave Bank will be established by the City immediately following City Council approval. The maximum accrual for the first fiscal year of the Association Leave Bank will be prorated based upon the date of City Council approval.
3. The City shall not contribute leave time to the Association Leave Bank
Section 2 Voluntary Donations
1. Hours shall be donated to the Association Leave Bank on a voluntary basis by FFA represented employees using a prescribed donation form.
2. Employees may donate vacation, sick or compensatory time credits.
3. Donations must be for a minimum of four (4) hours for each type of time transferred and in whole (one) hour increments thereafter.
4. Donating employees must have a minimum vacation balance of 112 hours after donation.
5. Sick leave donations will be credited at a rate of 50% (ex: a donation of four (4) hours will be credited to the Association Leave Bank as two (2) hours).
6. Sick leave donations will be counted against the donor’s annual sick leave usage for purposes of Article 11, Section 12, Sick Leave Incentive Pay, at 50% of the number of hours donated (a donation of ten (10) hours will be counted as five (5) hours used for Article 11, Section 12 only.
7. Donating employees forfeit any right or claim to leave credits once they are donated.
8. Leave will be transferred on an hour-for-hour basis, regardless of the salary of the employees involved.
Section 3 Use of the Leave Bank
Hours donated to the Association Leave Bank may be used by members of the FFA:
1. In lieu of or in conjunction with the employees own leave balances when conducting association business during the employee’s scheduled work shift(s).
55 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
2. Determining which association activities are qualifying and which employees are eligible to utilize the Association Leave Bank is done at the discretion of the FFA Executive Board.
3. Requests for leave must be reviewed and are subject to approval by the department head or designee consistent with department policy.
4. Employees using donated leave shall record the use in Telestaff with the date of usage and the number of hours used.
5. It is the responsibility of FFA to monitor the hours available for use in the leave bank.
Section 4 Administration
1. Upon receipt of a donation form, the Finance Department will review to ensure that the employee(s) meet the eligibility requirements and that the leave bank has not reached its maximum accrual for the fiscal year.
2. If all eligibility criteria are met, the Finance Department will transfer the donated leave to the Association Leave Bank.
If any part of the eligibility criteria is not met, the donation form will be returned to the donating employee without being processed.
56 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 33 – POST-RETIREMENT HEALTHCARE TRUST
Section 1 Employee Conbtribution
The City and FFA will contract with the International Association of Firefighters Medical Expense Reimbursement Trust (IAFF MERP) to provide a post retirement medical expense reimbursement plan for represented employees. All FFA represented employees will contribute $100/month to the IAFF MERP via payroll deductions effective the first full pay period after the trust is established. No FFA represented employee may opt out of the payroll contributions to the IAFF MERP or opt to receive the payroll contributions in cash.
Employees shall also have the option to have sick leave accruals earned under Article 11, Section 12 (Sick Leave Incentive Pay) transferred annually to the IAFF MERP, and vacation accruals transferred annually (Article 7, Section 7) and at time of separation (Article 7, Section 6) to the IAFF MERP to the extent and as provided in those Articles of this MOU, with no option to receive the sick leave or vacation accruals in cash. Members who promote out of the FFA shall continue to participate via ongoing mandatory $100 per month employee contributions described above, but shall no longer be entitled to any employer contributions otherwise required by this MOU.
The City will incur no financial cost or obligation in connection with this contract or benefit. The City shall have no administrative responsibilities or liabilities related to this benefit, other than processing payroll deductions and leave transfers and contribution reporting on participating employees to the IAFF MERP.
The FFA shall hold the City harmless for the City’s actions related to this Article, and indemnify the City against any liability the City may incur as a result of this Article, including but not limited to allowing the FFA to participate in the IAFF MERP or the City’s processing of payroll deductions or sick and vacation leave transfers as set forth in this Article.
The City’s sole responsibility under the IAFF MERP is to submit the contributions required by this MOU to the IAFF MERP. The City, as well as its officers, employees, agents and attorneys shall be held harmless by the FFA for any and all actions or omissions by IAFF MERP and the FFA. Each City employee or retiree enrolled in the IAFF MERP shall not have any claim or cause of action of any kind against the City, its officers, employees, agents and attorneys resulting in any way from IAFF MERP’s administration and operation, including, but not limited to, the determination of the amount of retiree health benefits and/or reimbursements it provides, eligibility for the program; and timing and form in which IAFF MERP makes its health benefits and/or reimbursements available to participating employees and retirees.
Section 2 Employer Contributions
Employees covered by this MOU, who begin employment with the City of National City on or after July 1, 2025, shall receive Retiree Health Benefits through their own contributions to the IAFF MERP (as described in Section 1 above) and City contributions to the IAFF MERP on a monthly basis in the amount of $106.84.
Catch-up Provision:
Employees covered by this MOU, who are employed with the City of National City as of July 1, 2025, shall receive Retiree Health Benefits through cat ch up contributions to the International Association of Firefighters Medical Expense Reimbursement Trust (IAFF MERP) on a monthly basis as indicated below. Monthly contribution amounts are based on individual member’s years of fire safety service with National City and Qualifying CalPERS agencies as of January 1, 2026.
57 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
Years of fire safety service with National City and qualifying CalPERS Agencies:
0 - 4.99 Years - $128.21
5 - 9.99 Years - $160.26
10 - 14.99 Years - $213.68
15 - 19.99 Years - $320.51
20 - 24.99 Years - $641.03
25 - 30+ Years - $1,602.56
The City and the FFA agreed upon these values utilizing the described five (5) year cohort method in conjunction with calculation methodologies provided by the International Association of Firefighters Medical Expense Reimbursement Trust (IAFF MERP) to estimate the monthly contribution needed to equal the benefit described in Article 18, Section 4. The cohort assignments are used solely to determine the City’s contribution rate for individual members. Determined rates will continue at the same level; members do not move through the cohorts over time.
Section 3 City Contributions Implementation Plan
Employees covered by this MOU shall qualify for Retiree Health Benefits and/or City IAFF MERP contributions as follows:
1. All employees first hired by the City on or after July 1, 2025 shall have no claim or right to the retiree health benefit described in Article 18, section 4 of this MOU;
2. All current employees as of July 1, 2025 shall sign a waiver of any claim or right to the retiree health benefit described in Article 18, section 4 of this MOU, which waiver shall not apply to any current employees as of July 1, 2025 who have an effective retirement date with CalPERS between July 1, 2025 and December 31, 2026. No current employee may opt out of the IAFF MERP and all must sign the waiver;
3. Current employees as of July 1, 2025 who have an effective retirement date with CalPERS between July 1, 2025 through December 31, 2025 shall receive the retiree medical benefit described in Article 18, section 4 of this MOU, if they meet the qualifications set out in that section.
4. All employees that retire with an effective retirement date with CalPERS between January 1, 2026 through December 31, 2026 will receive the retiree medical benefit described in Article 18, section 4 of this MOU that they qualify for, if any, plus any benefit from IAFF MERP they qualify to receive;
5. Any current employee as of July 1, 2025 that retires with an effective retirement date with CalPERS of January 1, 2027 or later, and all employees first hired by the City on or after July 1, 2025 shall have no claim or right to the retiree health benefit described in Article 18, section 4 of this MOU; and
6. The City shall no longer be required to make contributions to the IAFF MERP on behalf of an employee after the employee retires or otherwise separates from City employment, or promotes or transfers to a classification not subject to this MOU. The City’s contributions to the IAFF MERP are not a vested benefit or vested right.
58 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 34 – TERMS OF PROVISIONS
The provisions of this Memorandum of Understanding shall be effective and binding from July 1, 2025 through June 30, 2028.
This MOU is subject to all future and current applicable Federal or State and Local laws and regulations.
If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances that are in conflict with or are addressed by this MOU.
In addition, the City and the Association may mutually agree in writing to meet and confer on any subject within the scope of representation.
Either Party to this M OU may reopen this MOU in the event that there is a taxation issue regarding constructive receipt of income regarding, but not limited to, the rollover or cash out of leave balances into a Deferred Compensation Account or the IAFF MERP, as described in this MOU. The negotiations will be for the sole purpose of conversion to an irrevocable election method to avoid constructive receipt of income.
59 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 35 - DEFINITIONS
BASE SALARY – Shall mean, for 56-hour personnel, the hourly rate derived by dividing the annual salary as developed by the Finance Department on their published salary schedule by the average number of scheduled work hours (2912) hours. For 40 -hour personnel, the hourly salary derived by dividing the annual salary by 2080 hours. The annual salary does not include overtime, special or incentive pays or cash-outs.
COMPENSATION PLAN – Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title.
COMPENSATORY LEAVE – Shall mean time off from work in lieu of monetary payment for overtime worked.
CONTINUOUS SERVICE – Shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continu ation of employment from temporary to a permanent appointment, without any break in service.
DEMOTION – Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same.
DEPARTMENT – Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head.
EMPLOYEE – Shall mean a person who is legally an incumbent of a position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to their position. Employee shall include OFFICER.
IMMEDIATE FAMILY – Immediate family shall include the husband, wife, domestic partner (as defined by and registered with the California Secretary of State), mother and father of husband and wife and domestic partner, son, daughter, brother and sister of the employee , or any relative by blood or marriage or domestic partnership residing in the same household.
INTERIM APPOINTMENT – Shall mean a short-term appointment made from an eligible list.
LAY-OFF – Shall mean the involuntary, non-disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position.
LEAVE – Shall mean an approved type of absence from work as provided for by these rules.
NORMAL WORK DAY – Shall mean operations personnel are not expected to work on projects of a non - emergency nature after 1700 hours. If an individual elects to work on a project or other administrative assignment after 1700 hours he shall do so of their own free choosing. No coercion, harassment or persuasion shall be placed on any individual either by the fire department administration or by the labor body.
PAY CYCLE – Two-week period for pay purposes.
60 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
PAY DAY – Day on which pay is given for previous pay cycle.
PAY PERIOD – 28-day period for purposes of overtime.
PERMANENT EMPLOYEE – Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period.
PERMANENT POSITION – Shall mean a specific office or classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part-time or full-time basis.
PERMANENT STATUS – Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment.
DIRECTOR OF PERSONNEL – Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Commission, to administer the activit ies of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission.
POSITION – Shall mean any specific officer or classification whether occupied or vacant, carrying certai n responsibilities and calling for the performance of certain duties by one individual, either on a part-time or full- time basis.
PROBATIONARY PERIOD – Shall mean the working test period during which an employee is required to demonstrate their fitness by the actual performance of the duties and responsibilities of their position and during which time he may be terminated without right of appeal to the Civil Service Commission.
PROBATIONARY STATUS – Shall mean service in a permanent position prior to comp letion of the prescribed period of probationary service.
PROBATIONER – Shall be an employee in the Classified Service who is serving a probationary period.
PROVISIONAL APPOINTMENT – Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligible; any non -permanent appointment, other than seasonal, part -time or emergency appointment, which is not made from a re-employment list or an eligible list.
SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class.
SALARY RATE – Shall mean a specific dollar amount, expressed as an annual rate, a monthly rate, a semi - monthly rate, a bi-weekly rate or an hourly rate, as shown in the compensation plan of the City.
SALARY STEP – Shall mean the location of a rate within a salary rang e, as identified by a letter of the alphabet.
61 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
TELESTAFF – Shall mean the department recognized staffing and payroll computer software program.
TEMPORARY ASSIGNMENT – Assignment of personnel to a 40-hour workweek in a position that is not designated as a permanent 40-hour assignment.
TEMPORARY EMPLOYEE – Shall mean an employee appointed to a position of a non-permanent nature on provisional basis.
WORK DAY – Shall mean an eight (8) hour period as a normal work period.
WORK SHIFT – Shall mean twenty-four (24) hour period as normal work.
62 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
ARTICLE 36 - DISCIPLINARY ACTIONS AND APPEALS PROCESS
(The following is intended to replace any existing discipline language in the MOU and/or Personnel Rule(s) related to discipline, for this bargaining unit only, except as to employees on probation.)
GENERAL POLICY: The City is committed to following the principles of progressive discipline. Disciplinary actions should be designed to fit the nature of the problem. The particular action imposed shall depend on the severity of them is conduct, the particular factual circumstances involved and take into consideration other incidents with comparable circumstances.
PROVISIONS:
A. Disciplinary Procedure:
1. Definitions:
(a) Oral/Written Warning
The use of an oral or written warning shall not be considered disciplinary action, and shall be used as a tool by supervisors to address performance problems or minor instances of misconduct and may be initiated at any time. The supervisor or manager will review with the employee the specific instances and deficiencies in question, the City’s standards, specific improvement needed, and expected behavior moving forward. The employee should be advised of the action that will be taken should they fail to achieve the improvement outlined within the time period specified. Any written warnings will be kept in the supervisory file, not the official personnel file, and a copy given to the employee.
The supervisory file is intended to be a temporary file to record performance, both positive and negative, throughout the performance year. Once the performance evaluation is completed for the year, all items in the file should be referenced in the performance evaluation if appropriate, and discarded at the end of the performance year.
(b) Letter of Reprimand
A Letter of Reprimand generally is appropriate to correct instances of more serious circumstances or employee misconduct that does not warrant suspension or discharge, re peated instances of minor misconduct, or identified performance problems. The purpose of a Letter of Reprimand is to put the employee on notice that the City will take further disciplinary action unless immediate, real and consistent improvement in performance is demonstrated. Any decision to issue a Letter of Reprimand should be reviewed by the Human Resources Department. The supervisor or manager issuing the Letter of Reprimand shall meet with the employee to discuss specific improvement required within a defined time period to avoid further disciplinary action, when applicable. A copy of the Letter of Reprimand will be placed in the employee’s official personnel file.
(c) Suspension
Suspension is the temporary removal of an employee from their duties without pay for up to thirty (30) calendar days.
(d) Reduction in Pay
63 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
A Reduction in Pay is a reduction in hourly salary for a limited and defined period of time, and does not result in any classification change. The employee continues to report to work for the duration of the Reduction in Pay.
(e) Demotion
Demotion is the movement of an employee from their current classification to a new classification having a lower salary range.
(f) Discharge
Discharge is the involuntary termination of an employee for cause.
B. Pre-Disciplinary Procedure
If an employee is to receive a written reprimand, be suspended, receive a reduction in pay, be demoted or discharged, the employee shall receive written notice of the proposed disciplinary action at least 10 calendar days in advance of the imposition of discipline, stating the specific grounds and the particular facts upon which the action is based. The notice will include copies of any known materials, reports or other documents upon which the intended action is based. Electronic copies will be provided upon request.
Within ten (10) calendar days after the employee has been provided with the notice of proposed disciplinary action, the employee shall notify the Fire Chief of their intention to respond in writing or orally to the proposed disciplinary action. The employee’s response will be reviewed or heard by Fire Chief or their designee, acting as the “Skelly Officer”, who has the authority to modify or eliminate the intended disciplinary action. If the employee elects to respond in writing, the employee must respond within ten (10) calendar days after their election to provide a written response. If the employee requests a meeting, it will be scheduled within a reasonable timeframe.
Following the written response or in-person meeting, the Skelly Officer will issue their written decision.
At the time of receiving the Notice of Proposed Disciplinary Action, the employee shall be furnished with copies of all materials, reports or other evidence upon which the proposed action is based.
C. Appeal Process
The following appeals procedures are adopted by the parties pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act.
The term “firefighter” means an employee who is considered a firefighter under Government Code § 3251(a) as well as any firefighter who is a peace officer pursuant to Penal Code § 830.37. This includes all employees who are in this Unit.
The term “punitive action” means any action defined by Government Code § 3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”
1. Formal Appeal Procedure – The formal appeal procedure will be utilized for any discipline involving a suspension without pay or reduction in pay of more than 2 shifts (more than 30 hours, or three working days, for employees working a 4-10 schedule), removal of collateral assignment pay, demotion, or termination
A firefighter shall be entitled to an appeal hearing before an Administrative L aw Judge assigned from the Office of Administrative Hearings which shall be conducted in accordance with Chapter 5 (commencing with § 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
64 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
a. Notice of Discipline as Accusation - The final notice of discipline which may be issued at the conclusion of the pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq.
i. Pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.
ii. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline.
b. Administrative Law Judge - Pursuant to Government Code § 11512, the appeal will be heard by an administrative law judge
c. Time and Place of Hearing- Pursuant to Government Code § 11508, unless otherwise decided by the administrative law judge, a hearing shall be conducted at City Hall or in another City facility at a time to be determined by administrative law judge with the input of the representatives of both the City and employee.
d. Notice of the Hearing - A notice of the hearing shall be provided to the parties pursuant to Government Code § 11509.
e. The burdens of proof and production of evidence shall be borne by the City. The standard of proof shall be by a preponderance of the evidence.
f. The proposed decision of the administrative law judge shall be in writing. Copies of the proposed decision shall be delivered to the parties by registered mail and accompanied by a proof of service
g. Following receipt of the proposed decision, the City Council, or any designee (e.g., the City Manager) to the extent authorized by law, may take any of the actions set forth in Government Code § 11517(c)(2) A through E.
2. Informal Appeal Procedure - The Informal Hearing Procedure, as opposed to the formal procedures outlined above, may be used at the City’s sole discretion for a written reprimand, suspension without pay or reduction in pay of two (2) shifts or less for employees working a 56 -hour s uppression schedule or three (3) working days or less for employees working a 40-hour administrative schedule.
a. Appeal to the Fire Chief or Their Designee
i. A firefighter who receives notice of a punitive action shall be entitled to appeal the action to the Fire Chief prior to the effective date of the punitive action. The appeal is an opportunity for the firefighter to present written material and arguments why a punitive action should not occur or offer alternatives to the action.
ii. Notice of Appeal: Within ten (10) calendar days of receipt by a firefighter of notification of a punitive action, the firefighter shall notify the Fire Chief in writing that they intend to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. Nothing in this section shall
65 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending.
iii. Hearing Officer: The Fire Chief or their designee shall act as the hearing officer. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code §11425.40, then the City Manager or their designee shall serve as the hearing officer. The Fire Chief shall have ten (10) calendar days from receipt of the request to schedule an appeal hearing. The hearing shall take place within thirty (30) calendar days of the date the firefighter was notified about the punitive action or such other time as may be agreeable by the parties.
b. Burden of Proof: The City shall bear the burden of proof at the hearing.
i. The City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge(s) and that punitive action was reasonable under the circumstances.
c. Conduct of Hearing:
i. The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed.
ii. The parties may present arguments through documents and statements.
iii. If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses.
iv. Following the presentation of written material and statemen ts, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer.
v. Representation: The firefighter may be represented by an association representative or attorney of their choice.
d. Decision:
After the hearing, a decision will be submitted in writing within five (5) calendar days.
The decision shall be served by first class mail, postage pre-paid, upon the firefighter as well as their attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5.
e. Decision to impose Discipline:
If, after the hearing, a decisi on is rendered which imposes discipline, pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.
66 NCFFA Agreement July 1, 2025–June 30, 2028
13011003.7 NA040-035
D. Examples of Misconduct
The examples of misconduct described in Civil Service Rules, Section 802 are a representative but non -exhaustive list of conduct that could result in disciplinary action.
E. Application of Firefighters Procedural Bill or Rights Act
For employees subject to the Firefighters Procedural Bill of Rights Act (Government Code sections 3250, et. seq., the “FBOR”), the City shall apply the protections afforded by the FBOR whether or not the events and circumstances involve the performance of official duties (except that the rights afforded by Government Code section 3253(e) shall apply only when the events or circumstances involve the performance of official duties).
Expansion of FBOR rights in this section shall not grant any right to FBOR statutory remedies to employees when the FBOR was applied to events and circumstances that do not involve performance of official duties.
City of National City
Firefighters Association Salary Schedule
Effective July 8, 2025
Range Description Step
40-Hr
Week Biweekly Monthly Annual
28/dy Pay
Period 192 Shift 216 Shift 240 Shift
Hourly =
Annual/ 2912
F121 Firefighter Step A 39.42 3,153.56 6,832.71 81,992.56 6,307.12 32.85 29.20 26.28 28.16 Step B 41.39 3,311.24 7,174.35 86,092.19 6,622.48 34.49 30.66 27.59 29.56 Step C 43.46 3,476.80 7,533.07 90,396.80 6,953.60 36.22 32.19 28.97 31.04 Step D 45.63 3,650.64 7,909.72 94,916.64 7,301.28 38.03 33.80 30.42 32.60 Step E 47.91 3,833.17 8,305.21 99,662.47 7,666.34 39.93 35.49 31.94 34.22 Step F 50.31 4,024.83 8,720.47 104,645.60 8,049.66 41.93 37.27 33.54 35.94 F130 Fire Engineer Step A 46.30 3,704.28 8,025.95 96,311.35 7,408.57 38.59 34.30 30.87 33.07 Step B 48.62 3,889.50 8,427.24 101,126.92 7,778.99 40.52 36.01 32.41 34.73 Step C 51.05 4,083.97 8,848.61 106,183.27 8,167.94 42.54 37.81 34.03 36.46 Step D 53.60 4,288.17 9,291.04 111,492.43 8,576.34 44.67 39.71 35.73 38.29 Step E 56.28 4,502.58 9,755.59 117,067.05 9,005.16 46.90 41.69 37.52 40.20 Step F 59.10 4,727.71 10,243.37 122,920.41 9,455.42 49.25 43.78 39.40 42.21 F140 FIRE CAPTAIN Step A 53.43 4,274.40 9,261.19 111,134.32 8,548.79 44.52 39.58 35.62 38.16 Step B 56.10 4,488.12 9,724.25 116,691.03 8,976.23 46.75 41.56 37.40 40.07 Step C 58.91 4,712.52 10,210.47 122,525.59 9,425.05 49.09 43.63 39.27 42.08 Step D 61.85 4,948.15 10,720.99 128,651.86 9,896.30 51.54 45.82 41.23 44.18 Step E 64.94 5,195.56 11,257.04 135,084.46 10,391.11 54.12 48.11 43.30 46.39 Step F 68.19 5,455.33 11,819.89 141,838.68 10,910.67 56.83 50.51 45.46 48.71 F140 Deputy Fire Marshal Step A 53.43 4,274.40 9,261.19 111,134.32 8,548.79 44.52 39.58 35.62 38.16 Step B 56.10 4,488.12 9,724.25 116,691.03 8,976.23 46.75 41.56 37.40 40.07 Step C 58.91 4,712.52 10,210.47 122,525.59 9,425.05 49.09 43.63 39.27 42.08 Step D 61.85 4,948.15 10,720.99 128,651.86 9,896.30 51.54 45.82 41.23 44.18 Step E 64.94 5,195.56 11,257.04 135,084.46 10,391.11 54.12 48.11 43.30 46.39 Step F 68.19 5,455.33 11,819.89 141,838.68 10,910.67 56.83 50.51 45.46 48.71 F150 Fire Battallion Chie f Step A 66.14 5,291.49 11,464.90 137,578.81 10,582.99 55.12 49.00 44.10 47.25 Step B 69.45 5,556.07 12,038.15 144,457.75 11,112.13 57.88 51.45 46.30 49.61 Step C 72.92 5,833.87 12,640.05 151,680.64 11,667.74 60.77 54.02 48.62 52.09 Step D 76.57 6,125.56 13,272.06 159,264.67 12,251.13 63.81 56.72 51.05 54.69 Step E 80.40 6,431.84 13,935.66 167,227.91 12,863.69 67.00 59.55 53.60 57.43 Step F 84.42 6,753.43 14,632.44 175,589.30 13,506.87 70.35 62.53 56.28 60.30
City of National City
Firefighters Association Salary Schedule
Effective July 7, 2026
Range Description Step
40-Hr
Week Biweekly Monthly Annual
28/dy Pay
Period 192 Shift 216 Shift 240 Shift
Hourly =
Annual/ 2912
F121 Firefighter Step A 41.39 3,311.24 7,174.35 86,092.19 6,622.48 34.49 30.66 27.59 29.56 Step B 43.46 3,476.80 7,533.07 90,396.80 6,953.60 36.22 32.19 28.97 31.04 Step C 45.63 3,650.64 7,909.72 94,916.64 7,301.28 38.03 33.80 30.42 32.60 Step D 47.91 3,833.17 8,305.21 99,662.47 7,666.34 39.93 35.49 31.94 34.22 Step E 50.31 4,024.83 8,720.47 104,645.60 8,049.66 41.93 37.27 33.54 35.94 Step F 52.83 4,226.07 9,156.49 109,877.88 8,452.14 44.02 39.13 35.22 37.73 F130 Fire Engineer Step A 48.62 3,889.50 8,427.24 101,126.92 7,778.99 40.52 36.01 32.41 34.73 Step B 51.05 4,083.97 8,848.61 106,183.27 8,167.94 42.54 37.81 34.03 36.46 Step C 53.60 4,288.17 9,291.04 111,492.43 8,576.34 44.67 39.71 35.73 38.29 Step D 56.28 4,502.58 9,755.59 117,067.05 9,005.16 46.90 41.69 37.52 40.20 Step E 59.10 4,727.71 10,243.37 122,920.41 9,455.42 49.25 43.78 39.40 42.21 Step F 62.05 4,964.09 10,755.54 129,066.43 9,928.19 51.71 45.96 41.37 44.32 F140 FIRE CAPTAIN Step A 56.10 4,488.12 9,724.25 116,691.03 8,976.23 46.75 41.56 37.40 40.07 Step B 58.91 4,712.52 10,210.47 122,525.59 9,425.05 49.09 43.63 39.27 42.08 Step C 61.85 4,948.15 10,720.99 128,651.86 9,896.30 51.54 45.82 41.23 44.18 Step D 64.94 5,195.56 11,257.04 135,084.46 10,391.11 54.12 48.11 43.30 46.39 Step E 68.19 5,455.33 11,819.89 141,838.68 10,910.67 56.83 50.51 45.46 48.71 Step F 71.60 5,728.10 12,410.88 148,930.62 11,456.20 59.67 53.04 47.73 51.14 F140 Deputy Fire Marshal Step A 56.10 4,488.12 9,724.25 116,691.03 8,976.23 46.75 41.56 37.40 40.07 Step B 58.91 4,712.52 10,210.47 122,525.59 9,425.05 49.09 43.63 39.27 42.08 Step C 61.85 4,948.15 10,720.99 128,651.86 9,896.30 51.54 45.82 41.23 44.18 Step D 64.94 5,195.56 11,257.04 135,084.46 10,391.11 54.12 48.11 43.30 46.39 Step E 68.19 5,455.33 11,819.89 141,838.68 10,910.67 56.83 50.51 45.46 48.71 Step F 71.60 5,728.10 12,410.88 148,930.62 11,456.20 59.67 53.04 47.73 51.14 F150 Fire Battallion Chie f Step A 69.45 5,556.07 12,038.15 144,457.75 11,112.13 57.88 51.45 46.30 49.61 Step B 72.92 5,833.87 12,640.05 151,680.64 11,667.74 60.77 54.02 48.62 52.09 Step C 76.57 6,125.56 13,272.06 159,264.67 12,251.13 63.81 56.72 51.05 54.69 Step D 80.40 6,431.84 13,935.66 167,227.91 12,863.69 67.00 59.55 53.60 57.43 Step E 84.42 6,753.43 14,632.44 175,589.30 13,506.87 70.35 62.53 56.28 60.30 Step F 88.64 7,091.11 15,364.06 184,368.77 14,182.21 73.87 65.66 59.09 63.31 5% Salary Increase Page 724 of 737
City of National City
Firefighters Association Salary Schedule
Effective July 6, 2027
Range Description Step
40-Hr
Week Biweekly Monthly Annual
28/dy Pay
Period 192 Shift 216 Shift 240 Shift
Hourly =
Annual/ 2912
F121 Firefighter Step A 43.46 3,476.80 7,533.07 90,396.80 6,953.60 36.22 32.19 28.97 31.04 Step B 45.63 3,650.64 7,909.72 94,916.64 7,301.28 38.03 33.80 30.42 32.60 Step C 47.91 3,833.17 8,305.21 99,662.47 7,666.34 39.93 35.49 31.94 34.22 Step D 50.31 4,024.83 8,720.47 104,645.60 8,049.66 41.93 37.27 33.54 35.94 Step E 52.83 4,226.07 9,156.49 109,877.88 8,452.14 44.02 39.13 35.22 37.73 Step F 55.47 4,437.38 9,614.31 115,371.77 8,874.75 46.22 41.09 36.98 39.62 F130 Fire Engineer Step A 51.05 4,083.97 8,848.61 106,183.27 8,167.94 42.54 37.81 34.03 36.46 Step B 53.60 4,288.17 9,291.04 111,492.43 8,576.34 44.67 39.71 35.73 38.29 Step C 56.28 4,502.58 9,755.59 117,067.05 9,005.16 46.90 41.69 37.52 40.20 Step D 59.10 4,727.71 10,243.37 122,920.41 9,455.42 49.25 43.78 39.40 42.21 Step E 62.05 4,964.09 10,755.54 129,066.43 9,928.19 51.71 45.96 41.37 44.32 Step F 65.15 5,212.30 11,293.31 135,519.75 10,424.60 54.29 48.26 43.44 46.54 F140 FIRE CAPTAIN Step A 58.91 4,712.52 10,210.47 122,525.59 9,425.05 49.09 43.63 39.27 42.08 Step B 61.85 4,948.15 10,720.99 128,651.86 9,896.30 51.54 45.82 41.23 44.18 Step C 64.94 5,195.56 11,257.04 135,084.46 10,391.11 54.12 48.11 43.30 46.39 Step D 68.19 5,455.33 11,819.89 141,838.68 10,910.67 56.83 50.51 45.46 48.71 Step E 71.60 5,728.10 12,410.88 148,930.62 11,456.20 59.67 53.04 47.73 51.14 Step F 75.18 6,014.51 13,031.43 156,377.15 12,029.01 62.65 55.69 50.12 53.70 F140 Deputy Fire Marshal Step A 58.91 4,712.52 10,210.47 122,525.59 9,425.05 49.09 43.63 39.27 42.08 Step B 61.85 4,948.15 10,720.99 128,651.86 9,896.30 51.54 45.82 41.23 44.18 Step C 64.94 5,195.56 11,257.04 135,084.46 10,391.11 54.12 48.11 43.30 46.39 Step D 68.19 5,455.33 11,819.89 141,838.68 10,910.67 56.83 50.51 45.46 48.71 Step E 71.60 5,728.10 12,410.88 148,930.62 11,456.20 59.67 53.04 47.73 51.14 Step F 75.18 6,014.51 13,031.43 156,377.15 12,029.01 62.65 55.69 50.12 53.70 F150 Fire Battallion Chie f Step A 72.92 5,833.87 12,640.05 151,680.64 11,667.74 60.77 54.02 48.62 52.09 Step B 76.57 6,125.56 13,272.06 159,264.67 12,251.13 63.81 56.72 51.05 54.69 Step C 80.40 6,431.84 13,935.66 167,227.91 12,863.69 67.00 59.55 53.60 57.43 Step D 84.42 6,753.43 14,632.44 175,589.30 13,506.87 70.35 62.53 56.28 60.30 Step E 88.64 7,091.11 15,364.06 184,368.77 14,182.21 73.87 65.66 59.09 63.31 Step F 93.07 7,445.66 16,132.27 193,587.21 14,891.32 77.56 68.94 62.05 66.48 5% Salary Increase Page 725 of 737
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, September 2, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:
City Council Discussion and Direction Regarding Revisions to City Council Policy No. 105:
Request by Member of City Council to Place an Item on a City Council Agenda
RECOMMENDATION:
Discuss and Provide Direction to Staff Regarding Revisions to the City Council Policy No. 105.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In compliance with the Ralph M. Brown Act, items not already on the agenda cannot be discussed or considered during a City Council Meeting. Discussing items without proper notice does not provide the public, staff, or fellow City Councilmembers sufficient time to review the subject matter, prepare a response for discussion, or provide direction.
This policy is intended to establish a clear and effective process for City Councilmembers to place items on the City Council Agenda for consideration.
Councilmember Molina submitted a request to review City Council Policy No. 105: Request by Member of City Council to Place an Item on a City Council Ag enda at the Regular City Council meeting of April 1, 2025.
The current policy does not outline requirements for submitting requests or addressing resource considerations.
Suggested revisions to Policy No. 105, as discussed at the April 1 meeting, are as fo llows (italicized text indicates additions). Additional grammatical and formatting improvements are also recommended:
POLICY
1. The City Councilmembers may request that an item be placed on a future City Council Meeting Agenda for discussion and possible action.
2. For any item to be placed on the City Council Meeting Agenda, by the City Councilmembers, the following will assist the City Manager in the agenda planning process:
a. A single page Council Agenda Item Request Form to agendize the request to be discussed, and the City Councilmember’s recommended action to address the matter. No additional material other than the single page request may be submitted to be agendized at the initial City Council Meeting in which the matter will be heard.
b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council Meeting to allow the City Manager and City Attorney time to review the item and determine, if the ma tter as written, in the single page request, should be placed on the open or closed session of the City Council Agenda.
c. If the City Manager, in consultation with the City Attorney, determines the matter is appropriate to be included in the open session ag enda it will be added to the agenda as written. If the City Attorney, determines the matter should be discussed in Closed Session, the City Manager’s Office will draft the required agenda wording for listing the matter under Closed Session on the City Council Meeting Agenda. The single page request, written by the City Councilmember, will be provided to the entire City Council in Closed Session.
d. Discussion would be limited to whether an item should be added to an agenda and a date, not the merit of the item.
e. If a majority of the City Council votes to include the item as an action item at a subsequent City Council meeting it will be determined who will provide the report:
i. The City Councilmember prepares a report including supporting information and documentation, and a presentation of the item to be discussed at the meeting, with City Manager and City Attorney review; or
ii. The City staff will be directed to provide a report analysis including fiscal review, legal review, and policy review of the action by the City Councilmember, requesting and recommendation (if any) among alternatives (if any) as soon as the research and staff report can be reasonably completed at a subsequent City Council Meeting.
f. If the request requires further study of the item from st aff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days to prepare, unless otherwise directed by the City Council. Status updates will be provided to the City Council every sixty (60) days as an informational memo.
g. This policy would provide the City Manager the authority to determine placement and timing, unless City Council direction is time -sensitive, and requires immediate placement on the next regularly scheduled City Council Meeting.
3. Requirements for Agenda Item Request Submission
a. All Policy 105 agenda item requests must include a Justification Statement and an Impact Statement. Co-Sponsorship is optional.
b. Urgent items must identify significant consequences of inaction (financial, legal, safety).
4. Resource Consideration
a. The City Manager and Mayor shall review alignment with the City’s Strategic Plan.
b. Significant projects must include cost-benefit and staff time analysis. c. Each Councilmember may have no more than two active agenda items at a time.
5. Evaluation of Agenda Item Requests
a. Evaluation is performed by the City Manager.
b. Fully-formed agenda items may be placed on the consent calendar or moved directly to discussion.
c. Evaluation of merits may occur through quarterly meetings, an evaluation committee, or limited discussion.
6. Exemptions
a. Minor agenda items, such as small code amendments, are exempt from Impact Statement and Resource Consideration.
Additional changes are being suggested for the “City Council Agenda Item Request Form” see redlined version attached as Exhibit B.
FINANCIAL STATEMENT:
Not Applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA , and is therefore , not subject to environmental review.
CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Policy 105 Request SUBMITTED BY Councilmember Molina April 1 2025 Exhibit B – Policy 105 - Redline
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
PURPOSE
In compliance with the Ralph M. Brown Act, items not already on the agenda cannot be discussed or considered during a City Council Meeting. Discussing without notice does not provide the public, staff, or other City Councilmembers time to review the subject matter, and contemplate a response for discussion or provide direction.
This policy is to establish a clear and effective process for the City Councilmembers to place items on the City Council Agenda for consideration.
POLICY
1. The City Councilmembers may request that an item be placed on a future City Council Meeting Agenda for discussion and possible action.
2. For any item to be placed on the City Council Meeting Agenda, by the City Councilmembers, the following will assist in the City Manager in the agenda planning process:
a. A single page Council Item Request Form to agendize the request to be discussed, and the City Councilmember’s recommended action to address the matter. No additional material other than the single page request may be submitted to be agendized at the initial City Council Meeting in which the matter will be heard.
b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council Meeting to allow the City Manager and City Attorney time to review the item and determine, if the matter as written, in the single page request, should be placed on the open or closed session of the City Council Agenda.
c. If the City Manager, in consultation with the City Attorney, determines the matter is appropriate to be included in the open session agenda it will be added to the agenda as written. If the City Attorney, determines the matter should be discussed in Closed Session, the City Manager’s Office will draft the required agenda wording for listing the matter under Closed Session on the City Council Meeting Agenda. The single page request, written by the City Cou ncilmember, will be prov ided to the entire City Council in Closed Session.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
d. Discussion would be limited to whether an item should be added to an agenda and a date, not the merit of the item.
e. If a majority of the City Council votes to include the item as a n action item at a subsequent City Council meeting it will be determined who will provide the report:
i. The City Councilmember prepares a report including supporting information and documentation, and a presentation of the item to be discussed at the meeting, with City Manager and City Attorney review; or
ii. The City staff will be directed to provide a report analysis including fiscal review, legal review, and policy review of the action by the City Councilmember, requesting and recommendation (if any) among alternatives (if any) as soon as the research and staff report can be reasonably completed at a subsequent City Council Meeting.
f. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days to prepare, unless otherwise directed by the City Council. S tatus updates will be provided to the City Council every sixty (60) days as an informational memo.
g. This policy would provide the City Manager the authority to determine placement and timing, unless City Council direction is time -sensitive, and requires immediate placement on the next regularly scheduled City Council Meeting.
Related Policy References
National City Municipal Code, Chapter 2. 04
Ralph M. Brown Act
Prior Policy Amendments
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
March 21, 2017 (Resolution No. 2017-37)
October 5, 2021 (Resolution No. 2021 -148)
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Requesting Member of City Council: _____________________________________________________ Today’s Date: _______________________________________________________________________ Is this matter considered Time-Sensitive by another entity deadline? ____________________________
WRITTEN REQUEST
I, _______________________________, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
PURPOSE
In compliance with the Ralph M. Brown Act, items not already on the agenda cannot be discussed or considered during a City Council Meeting. Discussing without notice does not provide the public, staff, or other City Councilmembers time to review the subject matter, and contemplate a response for discussion or provide direction.
This policy is to establish a clear and effective process for the City Councilmembers to place items on the City Council Agenda for consideration.
POLICY
1. The City Councilmembers may request that an item be placed on a future City Council Meeting Agenda for discussion and possible action.
2. For any item to be placed on the City Council Meeting Agenda, by the City Councilmembers, the following will assist in the City Manager in the agenda planning process:
a. A single page Council Agenda Item Request Form to agendize the request to be discussed, and the City Councilmember’s recommended action to address the matter. No additional material other than the single page request may be subm itted to be agendized at the initial City Council Meeting in which the matter will be heard.
b. The request must be submitted no later than 5:00 p.m. on the Tuesday prior to the regularly scheduled City Council Meeting to allow the City Manager and City At torney time to review the item and determine, if the matter as written, in the single page request, should be placed on the open or closed session of the City Council Agenda.
c. If the City Manager, in consultation with the City Attorney, determines the matter is appropriate to be included in the open session agenda it will be added to the agenda as written. If the City Attorney, determines the matter should be discussed in Closed Session, the City Manager’s Office will draft the required agenda wording for listing the matter under Closed Session on the City Council Meeting Agenda. The single page request, written by the City Councilmember, will be prov ided to the entire City Council in Closed Session.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
d. Discussion would be limited to whether an item should be added to an agenda and a date, not the merit of the item.
e. If a majority of the City Council votes to include the item as an action item at a subsequent City Council meeting it will be determined who will provide the report:
i. The City Councilmember prepares a report including supporting information and documentation, and a presentation of the item to be discussed at the meeting, with City Manager and City Attorney review; or
ii. The City staff will be directed to provide a report analysis including fiscal review, legal review, and policy review of the action by the City Councilmember, requesting and recommendation (if any) among alternatives (if any) as soon as the research and staff report can be reasonably completed at a subsequent City Council Meeting.
f. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days to prepare, unless otherwise directed by the City Council. S tatus updates will be provided to the City Council every sixty (60) days as an informational memo.
g. This policy would provide the City Manager the authority to determine placement and timing, unless City Council direction is time -sensitive, and requires immediate placement on the next regularly scheduled City Council Meeting.
3. Requirements for Agenda Item Request Submission
a. All Policy 105 agenda item requests must include a Justification Statement and an Impact Statement. Co-Sponsorship is optional.
b. Urgent items must identify significant consequences of inaction (financial, legal, safety).
4. Resource Consideration
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
a. The City Manager and Mayor shall review alignment with the City’s Strategic Plan.
b. Significant projects must include cost-benefit and staff time analysis. c. Each Councilmember may have no more than two active agenda items at a time.
5. Evaluation of Agenda Item Requests
a. Evaluation is performed by the City Manager.
b. Fully-formed agenda items may be placed on the consent calendar or moved directly to discussion.
c. Evaluation of merits may occur through quarterly meetings, an evaluation committee, or limited discussion.
6. Exemptions
a. Minor agenda items, such as small code amendments, are exempt from Impact Statement and Resource Consideration.
Related Policy References
National City Municipal Code, Chapter 2.04
Ralph M. Brown Act
Prior Policy Amendments
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
March 21, 2017 (Resolution No. 2017-37)
October 5, 2021 (Resolution No. 2021-148)
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
CITY COUNCIL AGENDA ITEM REQUEST FORM
The City Council Agenda Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Requesting Member of City Council: _____________________________________________________ Today’s Date: _______________________________________________________________________ Is this matter considered Time-Sensitive by another entity deadline? ____________________________
WRITTEN REQUEST
I, _______________________________, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Requestor(s): ____________________________________ Date Submitted: _____________ Co-Sponsor (Mayor or Councilmember): ___________________________________________
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
Section 1. Proposal Title
____________________________________________________________________________ Section 2. Justification Statement
☐ What is the need/problem to be addressed?
☐ Who is proposed to do the work? (City staff/department, consultant, etc.) ☐ Why is the timing appropriate now?
Section 3. Impact Statement
☐ Estimated staff time (by department, if applicable)
☐ Expected costs or budget implications (consultant fees, legal review, etc.) ☐ Related/ongoing projects that may be affected
Section 4. Urgency
☐ Not urgent
☐ Urgent – If urgent, check all that apply and explain:
☐ Potential financial loss
☐ Legal implications
☐ Public safety risks
Section 5. Strategic Alignment
☐ Explain how this proposal aligns with the City’s Strategic Plan or Council priorities Section 6. Proposal Type
☐ Significant project (requires staff analysis, legal opinion, or financial evaluation) ☐ Minor amendment/operational adjustment (exempt from full analysis) Section 7. Certification
I certify that this request complies with the requirements of City Council Policy No. 105.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 5, 2021
ADOPTED: March 12, 1985
POLICY # 105
TITLE: Request by Member of City Council to Place an Item on a City Council Agenda
Signature of Requestor: _____________________________________ Date: ______________ Signature of Co-Sponsor: ____________________________________ Date: ______________