RESOLUTION NO. 11521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE REPEALING RESOLUTION NO. 11274
AND ALL AMENDMENTS THERETO APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE ORANGE CITY
FIREFIGHTERS, INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
AFL-CIO CONCERNING WAGES, HOURS, AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT
EFFECTIVE JULY 1, 2023 THROUGH JUNE 30, 2026
WHEREAS, the City of Orange , hereinafter referred to as "City", and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as "Union", collectively the “Parties”, have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective July 1, 2023 through June 30, 2026 and the City Council desires to repeal Resolution No. 11274 and all amendments thereto for said employees, as set forth in the Memorandum of Understanding, hereinafter referred to as “MOU”; and
WHEREAS, on June 27, 2023, the City Council of the City of Orange adopted Resolution No. 11477, a Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the Parties effective July 1, 2023; and
WHEREAS, the Parties have met and further refined language to clarify existing provisions as agreed upon during the meet and confer process and now wish to incorporate any and all agreed upon changes included in a successor MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached MOU is approved and incorporated by reference as Exhibit A as fully set forth herein.
ADOPTED this ____ day of ____________________, 2024
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
2 APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 202 4 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
Attachment: Exhibit A
Attachment: Exhibit B
Attachment: Exhibit C
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE CITY FIREFIGHTERS, INC.
LOCAL 2384 INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, AFL-CIO
JULY 1, 2023 THROUGH JUNE 30, 2026
i
TABLE OF CONTENTS
Article No. Article Title Page No.
I Recognition of Union 1
II Non-Discrimination 1
III Salaries 2
IV Work Week and Work Schedule 8
V Overtime Call Back Pay and Shift Exchange 9
VI Health Benefits 12
VII Educational Assistance, Professional Development, and Incentives 15 VIII Uniforms 16
IX Holidays 17
X Vacation 18
XI Other Leaves of Absence 19
XII Retirement 25
XIII Travel and Business Expense Reimbursement 27
XIV Safety Standards 27
XV No Strike – No Lockout 29
XVI City Management Rights and Responsibilities 29
XVII Discipline and Discharge – Rules and Regulations 31
ii
XVIII Paycheck Information 32
XIX Residency Requirement 33
XX Union Representation 33
XXI Grievance and Arbitration Procedures 34
XXII Scope and Application of Memorandum of Understanding 36 XXIII Term of Memorandum of Understanding 37
XXIV Ratification and Execution 38
Appendix A Vacation Benefits – Schedule 1 39
Appendix A Vacation Benefits – Schedule 2 40
Appendix A Vacation Benefits – Schedule 3 41
Appendix A Vacation Benefits – Schedule 4 42
Exhibit A Monthly Salary Ranges 43
Exhibit B Operations Staffing Policy 44
Exhibit C Operational Assignment Bid Policy 58
1 ARTICLE I
RECOGNITION OF UNION
SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 3611 of the City of Orange, the City of Orange, hereinafter referred to as "City", for the purpose of meeting its obligations under the Meyers-Milias-Brown Act (Government Code Section 3500 et. seq.), Employer-Employee Relations Resolution No. 3611 , or as amended, and this Memorandum of Understanding, hereinafter referred to as “MOU”, has recognized the Orange City Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as "Union", as the majority representative of the Unit of Representation comprised of employee classifications listed within Exhibit A. As majority representative, the Union is empowered to act on behalf of all employees who hold positions in classifications covered by this MOU whether or not they are individually members of the Union.
The City and the Union have reached an agreement on an updated Employer-Employee Labor Relations Resolution, which shall be adopted by City Council at a future date once all City bargaining groups have had an opportunity to review.
SECTION 2. Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with Federal and/or State law.
ARTICLE II
NON-DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees herein to join and/or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with the Employer -Employee Relations Resolution and Government Code Section 3500 et seq.
SECTION 2. In accordance with Federal and State law, the City and the Union agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer-related or genetic information), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed servic es (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the Union shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with Federal or State anti-discrimination laws.
2 ARTICLE III
SALARIES
SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all employees covered by this MOU.
SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this MOU are as listed in Exhibit A. The salary ranges shall be identified by number, and the steps by the letters A to E.
Effective June 18, 2023 and June 30, 2024, a base salary increase of 5.0% shall be granted for employees covered by this MOU. Effective June 29, 2025, a base salary increase of 2.0% shall be granted for employees covered by this MOU.
SECTION 3. HOURLY RATE.
A. Suppression Employees. For all employees who have a weekly work schedule of
55.9 hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,906 annual hours.
B. All Other Employees. For all employees who have a regular weekly work schedule of forty (40) hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours.
SECTION 4. BEGINNING RATES. New employees shall be paid the rate shown in Step A in the range assigned to the classification for which the employee has been hired, except that on the request of the Fire Chief under whom the employee will serve, and with authorization of the Human Resources Director, such employee may be placed at a higher step, depending upon the employee's qualifications.
SECTION 5. SERVICE. The word “service”, as used in this MOU, shall be defined to mean continuous, full -time service in the employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.
A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge, except forced layoff, eliminates the accumulated length of service time of such employee for the purpose of this MOU. Such employee re -entering the service of the City shall be considered as a new employee, except that such employee may be re-employed within one (1) calendar year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the separation of employment.
3 SECTION 6. ADVANCEMENT WITHIN SALARY RANGE. The following regulations shall govern salary advancement:
A. Merit Advancement. An employee shall be considered for advancement through the salary range in yearly increments. Advancement through the salary range based on merit shall be granted when an employee demonstrates ability and proficiency in the performance of the employee’s duties. A merit advancement shall become effective the first pay period following the completion of the length of service required for such advancement. Such merit advancement shall require the following:
The Fire Chief shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation Form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons. If denied by the Human Resources Director, the reason for denial will be provided to the Fire Chief.
B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Fire Chief may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU.
The Human Resources Director may, on the basis of the Fire Chief's recommendation, approve and effect such special merit advancement.
C. Length of Service Required After a Merit Advancement is Denied. When an employee is not approved for a merit advancement to the higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6, Subsection A.
SECTION 7. WORKING OUT OF CLASS.
A. Suppression employees working out of classification into a higher-ranking classification of Battalion Chief, Fire Captain, or Fire Engineer shall receive a five percent (5.0%) pay differential for all hours worked in the higher classification, if they are assigned to work in the higher job classification for a period of twelve (12) consecutive hours [one-half (½) of one (1) work shift] or longer.
B. Suppression employees w orking out of class ification into a lower -ranking classification shall only be permitted under emergency situations (as defined in Article V, Section 5, Subsection A), or prior to any mandated overtime (i.e., a draft).
Suppression employees shall be asked to backfill unfilled positions on the daily roster on an overtime basis through the departmental timekeeping system if no employee is signed up on the voluntary call back list for the classifications of Fire Engineer and/or Firefighter, as appropriate for that shift. These employees shall have the sole discretion to accept or decline the request. The Fire Department will
4 maintain a daily secondary list of volunteers who will accept a work down assignment into a lower suppression rank, for which the member is qualified.
Preference for daily backfill assignments shall be based on accumulated hours (i.e., the member with the least hours signed up for that date of the backfill assignment shall be given the work down overtime). Scenarios not addressed in the MOU should be handled using the Department Staffing Policy.
Suppression employees who accept the work down assignment shall be compensated for all such time worked in that capacity at the rate of one and one-half (1½) times the regular rate of pay of the top step of the classification of the backfilled position.
When working out of classification, no compensatory time off may be earned in lieu of pay.
SECTION 8. PROBATIONARY PERIOD AND PROMOTION.
A. Probationary Period for New Employees. The probationary period for new employees shall be one (1) year [twenty-six (26) pay periods] from date of hire. The purpose of this probationary period is to allow the employee to demonstrate suitability for the job. For good cause, with the approval of the Human Resources Director and concurrence of the Union, the Fire Chief may extend such probationary period. The employee involved shall receive a copy of notices related to extension of a probationary period.
B. Probationary Period for Promoted Employees. An employee who is promoted to a classification shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. For safety employees, the probationary period shall be one (1) year [twenty-six (26) pay periods ] from the promotion, or date of hire for lateral appointments. For good cause, with the approval of the Human Resources Director and concurrence of the Union and the employee, the Fire Chief may extend such probationary period up to an additional thirteen (13) pay periods. The employee shall attain regular status in the classification upon successful completion of the probationary period. An employee who does not satisfy the standards of the cl assification during the probationary period shall be notified, in writing. Such notice shall include the reasons for such action. If regular status in the classification is not achieved, such employee shall be demoted to the appropriate step in the employee’s former classification.
C. Probationary Period for Temporarily Promoted Employees. Employees who are temporarily promoted and serve in the position for a period of twenty -six (26) consecutive pay periods shall be deemed to be promoted and to have fulfilled their probationary period for that promotion. Time served by an employee in an acting capacity shall count towards the probationary period, if said employee is formally promoted.
D. Salary for Promoted Employees. When an employee is promoted to a position in a higher classification, the employee may be assigned to Step A in the appropriate
5 range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step A, the employee may be placed in that appropriate salary range as will grant the employee an increase of at least one (1) salary step. At the discretion of the Fire Chief and the Human Resources Director, except for those positions that are paid at a flat rate, an employee may be granted a salary step increase of up to three (3) salary steps upon promotion.
E. Rate of Pay.
1. For purposes of this section only, “Rate of Pay” is defined as base salary plus assignment pays (including premiums triggered by assignment pays).
2. The Rate of Pay for an employee upon and after promotion to a higher classification shall not be less than the employee’s Rate of Pay immediately prior to the promotion. This will be achieved by establishing a Minimum Rate of Pay for the promoted employee . This “Minimum Rate of Pay” is defined as the employee’s base salary plus assignment pays (including premiums triggered by assignment pays) immediately prior to the employee’s promotion.
3. If an employee’s Rate of Pay upon or after promotion drops below the employee’s established Minimum Rate of Pay, a Y -Rated Differential shall be applied. The amount of an employee’s Y-Rated Differential, if applicable, shall be the difference between the employee’s Rate of Pay upon or after promotion and the employee’s established Minimum Rate of Pay. The Y-Rated Differential is not pensionable compensation.
4. An employee’s Minimum Rate of Pay will be altered by a subsequent promotion.
5. An employee’s Minimum Rate of Pay may be altered in situations involving personnel actions as a result of discipline.
SECTION 9. DEMOTION. If, pursuant to the provisions of this MOU, an employee is demoted to a position in a lower classification, the new salary rate must be at the top step of the salary range for the classification to which demoted.
SECTION 10. PARAMEDICS.
A. Paramedic Assignment Pay. Fire Captains, Fire Engineers, and Firefighters assigned as Paramedics shall receive, in addition to their base salary, fourteen percent (14.0%) per month to be computed based on Top Step Firefighter. This form of pay, also referred to as “Paramedic Pay”, shall be reported to California Public Employees’ Retirement System ( CalPERS) as special compensation, and is there fore compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571(a)(2) , an d pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
6 B. Recertification Pay. Fire Captains, Fire Engineers , and Firefighters assigned as Paramedics shall receive, in addition to their base salary, $50.00 per month upon the first recertification , and an additional $50 .00 per month upon each subsequent recertification, up to a maximum of four (4) recertifications. This form of pay, also referred to as “Recertification Bonus”, shall be reported to CalPERS special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
C. Paramedic Training Pay. The City agrees to provide a compensation plan for employees attending Paramedic training which will provide the student Paramedic a five percent (5 .0%) bonus, in addition to their base salary, upon successful completion of the final examination prior to the start of the field internship. This form of pay , also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations , Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
SECTION 11. ASSIGNMENT PAYS.
A. Fire Captains assigned to perform the Fire Administrative Captain, Fire Prevention Captain, and Fire Training Captain functions shall receive fifteen percent (15 .0%) above the Fire Captain's pay. This form of pay , also referred to as “Fire Staff Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4) , and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(3).
B. Fire Safety Specialis ts assigned to perform the Plan Examiner function s or the Hazardous Materials Specialist function s shall receive ten percent (10 .0%) above their base pay. The ten percent (10.0%) assignment pay does not apply to the Plan Examiner classification. This form of pay , also referred to as “Fire Inspector Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4) and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(3).
SECTION 12. BILINGUAL PREMIUM. Employees covered by this MOU may be assigned by the Fire Chief, with approval of the Human Resources Director, to a bilingual assignment.
The Fire Chief shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis , as determined by the Human Resources Department. No permanency or seniority may be obtained in a bilingual assignment and such assignment may
7 be revoked at any time by the Fire Chief, the Human Resources Director, or a duly authorized designee. No employee shall be required to perform a Bilingual Assignment on a regular basis or employ bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this Section. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(a)(3).
SECTION 13. EMT RESCUE TRANSPORT PREMIUM. Firefighters assigned to rescue/transport shall receive three percent (3.0%) of Top Step Firefighter per month during the period of such assignment. EMT-Ps are not eligible for this bonus. This form of pay , also referred to as “Emergency Medical Technician Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations , Section 571(a)(2), and pensionable compensation for New Members pursuant CalPERS Regulations, Section 571.1(a)(2).
SECTION 14. CRIME SCENE INVESTIGATOR PREMIUM. The Fire Inspector/Investigator assigned to perform duties as Crime Scene Investigator shall receive $250.00 per month during the period of such assignment. The Fire Inspector/Investigator may be assigned at the discretion of the Fire Chief or duly authorized designee. This form of pay , also referred to as “Crime Scene Investigator Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations , Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(3).
SECTION 1 5. TRAINING COMPANY PREMIUM. Employees assigned to the Training Company Engine, Squad, and Truck shall receive 2.5% of Top Step Firefighter per month for the period of such assignment. Employees receiving the Urban Search and Rescue (USAR) Assignment Bonus will not be eligible for Training Company Bonus. This form of pay , also referred to as “Training Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations , Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(3).
SECTION 16. URBAN SEARCH AND RESCUE (USAR) ASSIGNMENT PREMIUM.
Employees assigned to the USAR Company shall receive four percent (4.0%) of Top Step Firefighter for the period of such assignment. This form of pay , also referred to “ Hazard Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations , Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(3).
REST OF PAGE LEFT INTENTIONALLY BLANK.
8 SECTION 17. LONGEVITY. Effective June 30, 2024, employees shall be eligible to receive a monthly Longevity pay according to the table below.
Employee
Designation
15 Years of
Service
20 Years of
Service
25 Years of
Service
Sworn $100.00 $200.00 $300.00
Non-Sworn $50.00 $100.00 $150.00
For the purpose of this benefit, Years of service will be defined as the total number of full-time years of service with the City of Orange. The Fire Chief and Human Resources Director shall determine service eligibility. Employees shall be responsible for notifying the Fire Department of their potential eligibility for Longevity Pay at each tier. The effective date of this benefit is the start of the pay period following eligibility confirmation . This benefit cannot be paid retroactively.
This form of compensation, also referred to as “Longevity Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(1), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(1).
ARTICLE IV
WORK WEEK AND WORK SCHEDULE
SECTION 1. SUPPRESSION EMPLOYEES. Fire suppression employees will work an average work week of 55.9 hours.
SECTION 2. ALL OTHER EMPLOYEES. The regular work week for all other employees shall consist of forty ( 40) hours [five (5) consecutive eight (8) hour days , or, four (4) ten consecutive (10) hour days ] or a 9/80 work schedule. Meal periods will be considered time worked as provided by the Fair Labor Standards Act ( FLSA) for safety employees on a 4/10 work schedule.
SECTION 3. Fire suppression employees shall be assigned to a 48/96 work schedule. The 48/96 work schedule consisting of three (3) Shifts (A, B, and C) scheduled to work two (2) consecutive twenty-four (24) hour shifts commencing at 0700, followed by four (4) consecutive twenty-four (24) hour shifts off.
SECTION 4. The work cycle for fire suppression employees will be eight (8) days within a twenty-four (24) day FLSA work period.
SECTION 5. STAFFING POLICY. The City and the Union shall follow the Staffing Policies, contained in Lexipol 215 Operations Staffing Policy and 1013 Operational Assignment Bid Policy, copies of which are attached hereto as Exhibits B and C.
9 ARTICLE V
OVERTIME CALL BACK PAY AND SHIFT EXCHANGE
SECTION 1. COMPENSATORY OVERTIME. Compensatory time shall be paid as follows:
A. For fire suppression employees who work an average work week of 55.9 hours, compensatory time shall accumulate at the premium rate of one and one -half (1.5) hours of compensatory time for each one (1) hour of overtime actually worked in excess of the employee's regularly scheduled working hours for a work period.
B. For employees who work an average work week of forty (40) hours, compensatory time shall be accumulated at the premium rate of one and one -half (1.5) hours of compensatory time for each one (1) hour of overtime actually worked during the employee's regular work week.
C. Only time actually worked shall count in the computation of overtime at the premium rate (time and one -half), except for call back in accordance with Section 7 of this Article.
D. Compensatory time for overtime will be accumulated in one -quarter ( 0.25) hour increments. Where an employee works less than one-quarter (0.25) hour of overtime per day, the employee shall not receive compensatory time for overtime of less than one-quarter ( 0.25) hour. In order to be entitled to compensatory time, such compensatory time must be authorized by the Fire Chief. Accumulated compensatory time not taken in the calendar year in which it was earned may be carried over to the next year in accordance with Section 3 , Subsection B , of this Article.
E. Suppression employees shall have the opportunity to accrue compensatory time for time worked in the following manner: if the employee works a twenty-four (24) hour overtime shift, the employee may elect to receive up to a maximum of twenty-four (24) hours of compensatory time and twelve (12) hours of FLSA premium pay.
F. At the sole discretion of the Fire Chief, suppression employees who work an average work week of 55.9 hours may be granted exemption from voluntary and involuntary ("draft") overtime due to extenuating circumstances. The exemption period granted will typically be for six (6) months but can be extended or shortened at the sole discretion of the Fire Chief, or duly authorized designee, due to extenuating circumstances. Exempt employees must exempt themselves from both voluntary and involuntary ("draft") overtime, not just one or the other.
SECTION 2. PAYMENT UPON SEPARATION. Employees shall receive payment for all accumulated compensatory time upon their separation.
10 SECTION 3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.
A. Compensatory time may be taken by an employee upon appropriate entry in the departmental timekeeping system or prior approval of the Fire Chief , or duly authorized designee, in accordance with the Department Staffing Policy. In any instance involving the use of a fraction of a day's compensatory time, the minimum charge to the employee's compensatory time account shall be one -quarter ( 0.25) hour.
B. Accrual of non -FLSA compensatory time shall be capped at ninety-six (96) hours for all employees.
1. Upon promotion, all existing compensatory time hours shall be paid to the employee at the pay rate prior to promotion.
2. Unused compensatory time may be converted to pay at any time upon request of the employee.
SECTION 4. OVERTIME (PAID OVERTIME). Compensatory time shall be paid at the regular rate of pay or equal time off, when authorized by the Fire Chief. Overtime shall be paid in accordance with the existing requirements of the Fair Labor Standards Act (FLSA). All premium overtime hours worked by covered (non-exempt) employees [either regular forty (40) hour work week , or, twenty-four ( 24) hour day/5 5.9-hour suppression work week ] shall be compensated at one and one-half (1.5) the employee’s regular rate of pay. Half -time overtime (premium pay) shall be calculated on a twenty-four (24) day FLSA cycle and will be received during the pay period following the end of the twenty-four (24) day cycle in which it is worked.
Regularly scheduled hours worked, minus leave time taken, plus overtime worked, determines actual hours worked. Employees are entitled to premium pay (half-time) on actual hours worked in excess of 182 hours during the twenty-four (24) day FLSA cycle. This form of pay, also referred to as “Fair Labor Standards Act”, shall be reported to CalPERS as special compensation, and is compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5), and pensionable compensation for New Members pursuant to CalPERS Regulations, for Section 571.1(a)(4).
SECTION 5. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work pursuant to the Department Staffing Policy. Such procedure may be changed pursuant to agreement between the Union and the City. Except in emergency situations , as defined in Subsection A below, all overtime coverage (sick leave, vacation, etc.) will be on a rank -for-rank basis for the ranks of Fire fighter, Fire Engineer, and Fire Captain.
A. An emergency shall be defined as an event such as a major emergency, unusual occurrence, or extraordinary displacement of manpower and equipment, that the Fire Chief, or duly authorized designee, has determined to constitute a call back of a significant portion or all suppression employees.
11 B. On a case-by-case basis, as determined at the sole discretion of the Fire Chief, an employee may elect to declare exempt ion from “forced hiring” (also known as the “draft”) on an overtime basis for a period of six (6) months on the condition that the employee agrees not to be eligible to work any voluntary overtime during that time period.
SECTION 6. From time to time, the Fire Department Administration may wish to send on-duty employees to Officer's Workshops or special classes. On these occasions, the Fire Department and the Union agree to permit acting positions on a voluntary basis, not to exceed one (1) shift in duration for any one (1) platoon for any one (1) class or workshop except by mutual consent.
A. In those instances involving vacancies in the positions of Fire Engineer or Fire Captain, and there are no volunteers appearing on the over-time signup sheets, acting positions may be utilized to fill the vacated position(s).
B. Acting positions are to be chosen on a voluntary basis from active eligibility lists.
C. Utilization of acting employees will occur in lieu of "mandatory call back" (i.e., “draft”) to fill vacant positions.
SECTION 7. CALL BACK PAY.
A. When a fire suppression employee is required to report back to work after completing a normal work shift and, having left City premises and/or work locations, the fire suppression employee shall receive a minimum of three ( 3) hours of compensatory time as call back pay. Forty (40) hour employees will receive a minimum of two (2) hours as compensatory time for call back pay. Call back compensatory time shall be paid at the premium rate of time and one -half or equal time off, when authorized by the Fire Chief.
B. During time of disaster, when so proclaimed by the Mayor of the City, overtime for all fire employees shall be computed as though the fire employee worked a forty (40) hour week.
SECTION 8. SHIFT EXCHANGE.
A. Employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department, and upon appropriate entry in the departmental timekeeping system or prior approval of the Fire Chief , or duly authorized designee, in accordance with the Department Staffing Policy. No obligation shall accrue to the City as a result of the operation of this provision.
B. It shall be the responsibility of the employee who has agreed to work to report for duty, or, if unable to report for duty, make arrangements for a replacement. In the event the employee is unable to find a replacement, the City may hire an overtime
12 replacement and charge the vacation or compensatory time of the individual who was unable to report for duty.
SECTION 9. REIMBURSEMENT FROM CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES). The City will compensate its employees overtime in accordance with the current MOU while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre - positioned for emergency response.
ARTICLE VI
HEALTH BENEFITS
SECTION 1. HEALTH INSURANCE. The City contract s with the California Public Employees’ Retirement System ( CalPERS) to make available those health insurance benefits provided under the Public Employees’ Medical and Hospital Care Act (PEMHCA).
A. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full -time employees and pay the following monthly amounts to provide funds for optional health plans, dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Inter nal Revenue Service. The following amounts include the minimum amount required under PEMHCA, which is currently $151.00 ($157.00 in 2024) per month . This contribution may be adjusted annually on January 1 st to the amount set by the CalPERS Board of Administration.
Effective Date Single 2-Party Family
Current $1,201.00 $1,795.00 $1,995.00
January 1, 2024 $1,226.00 $1,845.00 $2,070.00
January 1, 2025 $1,251.00 $1,895.00 $2,145.00
January 1, 2026 $1,276.00 $1,945.00 $2,220.00
B. Any premium amount in excess of the amounts designated in S ubsection A necessary to maintain benefits under any benefits plan selected by the employee shall be borne solely by the employee.
C. An employee cannot be enrolled in a CalPERS Health Benefits Plan if a spouse is enrolled with the City or enrolled through another agency with CalPERS Health Benefits Plans, unless the employee (or the spouse) is enrolled without being covered as a family member.
D. Waiver. An employee may choose not to be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof of medical insurance (e.g., coverage under a spouse’s employer’s plan) that is
13 compliant with the Affordable Care Act (ACA) , as determined by the Human Resources Department. Based upon the determination that medical insurance is in full force and effect, eligible employees hired before March 29, 2020 shall receive $1,095.00 per month as a waiver amount . Eligible e mployees hired on or after March 29, 2020 who elect to waive medical insurance shall receive $400.00 per month as a waiver amount . If the employee loses eligibility (with documentation) for the Waiver , the employee shall enroll in the CalPERS Health Benefits Plan pursuant to the CalPERS Health Benefits Plan. Failure to do so within sixty (60) days shall result in the City seeking reimbursement of said contributions.
E. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS, to the extent required by law, $1 51.00 ($157.00 in 2024) per month.
This contribution may be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.
SECTION 2. UNION GROUP BENEFIT PLAN. The City shall contribute to the Union $48.00 per month per regular full -time employee toward any group benefit plan(s) selected by the Union. Included in the Union group benefit plan are the following: life and long-term disability insurance. Such plans shall be open to all bargaining unit employees and the Union shall hold the City harmless, defend, and indemnify the City for any claims regarding the administration or payment of claims under any Union sponsored plan.
SECTION 3. RETIREE MEDICAL TRUST. The City shall deduct $50.00 per pay period, per member, on a pre-tax basis, for the Union’s Post -Employment Health Plan. The City will not incur cost or liability other than providing support for employee payroll deduction and sending the deducted amount to a third party per the existing contract.
A. Acknowledgment. In accordance with the Internal Revenue Code Section 501c and a majority vote of the Orange City Firefighters, Inc. Local 2384 International Association of Fire Fighters, AFL-CIO (Union) membership City acknowledges that the Union has entered into an agre ement with the IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter, the “Trust”).
B. Defined Class of Employees Receiving Contributions . Employees receiving contributions to the Trust, as set forth below, consists of all full-time employees represented by the Union.
C. Employee Contribution Amount . The City and the Union agree that the City shall withhold a mandatory contribution of $50.00 per pay period on a pre -tax basis from the pay of every employee in the Defined Class and shall transmit such contributions to the Trust pursuant to the require ments below. No employee in the Defined Class shall be permitted to opt -out of the mandatory contributions or receive any portion of the contribution in cash.
14 D. Remittance of Contributions . The City shall remit the above contributions directly to the Trust for the duration of the MOU effective the first full pay period occurring after approval of this agreement. Those contributions shall be remitted per pay period, in one aggregate payment, either via Automated Clearing House (ACH) transfer or wire, directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the Employee.
The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions.
E. Reporting to the Trust Office. The City shall electronically submit to the Trust Office a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds. The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.
F. The City shall not incur or be liable for any fees associated with the Trust. The City will only administer payroll deductions toward a qualifying employee benefit plan under the Internal Revenue Code. The City may cease payroll deductions toward the Trust if the City incurred a fee, anticipates incurring a fee, or believes the payroll deductions will expose the City to legal claims or liabilities; provided however, that the City shall provide advance notice to the Union of its intent to cease payroll deductions and allow the Union a reasonable opportunity to discuss and/or absorb any costs to the City. Responsibility for the maintenance and investment of the Trust funds rests solely with the Trust’s Board of Trustees.
G. The Union shall indemnify, defend, and hold harmless the City from any claim, complaint, assessment, penalty, or damages asserted by any person or entity, including any state or federal authority, arising out of Union participation in the Trust, includi ng but not limited to fines, fees, or penalties issued by state or federal taxing authority against the City due to Employee payroll deductions or compensation payouts that are directed to the Trust. Responsibility for the maintenance and investment of th e Trust funds rests solely with the Trust’s Board of Trustees.
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15 ARTICLE VII
EDUCATIONAL ASSISTANCE, PROFESSIONAL DEVELOPMENT, AND
INCENTIVES
SECTION 1. EDUCATIONAL ASSISTANCE AND PROFESSIONAL DEVELOPMENT .
The City will reimburse employees up to $ 1,500.00 per fiscal year for the cost of tuition, textbooks, and other course -related fees required for approved community college courses, university courses, and courses certified through California State Fire Training, or any sim ilar recognized agency, at the Federal, State, and Local level. Course -required equipment that is available to be borrowed from the City is not eligible for reimbursement. Additionally, the City will reimburse for the cost of registration at job-related professional conferences, seminars, and training classes. An approved course, conference, seminar, or training class is one designed to directly improve the knowledge of the employee relative to the employee’s specific job and must be approved by the Fire Chief and the Human Resources Director prior to registration.
The employee must still be employed by the City when the course or class is completed. Costs associated with travel, lodging, meals (or per diem), parking, or any other costs are not eligible for reimbursement under this Section. Proof of attendance of course, conference, seminar, or training class is required prior to reimbursement. With respect to courses where achievement grades are provided, a final grade of C or better, or a Pass in a pass/fail course, is required to be eligible for reimbursement.
SECTION 2. EDUCATIONAL INCENTIVE PROGRAM. Employees shall be eligible to receive Educational Incentive pay according to the table below. Employees who qualify for this pay shall be compensated one (1) of the following monthly amounts.
Education Level Monthly Incentive
AA/AS Degree $190.00
BA/BS Degree $375.00
MA/MS Degree $550.00
It is the responsibility of the employee to submit official transcripts to the Fire Chief’s Office indicating eligibility for this incentive program. After the documentation is reviewed and verified, the incentive will become effective the pay period following the approval of the Human Resource Director.
The following Educational Incentive pay monthly amounts shall only be available to employees hired before February 12, 2013 who qualified for these incentive levels before that date.
Education Level Monthly Incentive
60 Units $145.00
90 Units $210.00
This form of pay, also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation and is therefore compensation earnable for Classic Members pursuant to
16 CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
SECTION 3. INTERNATIONAL CODE COUNCIL (ICC) INSPECTOR CERTIFICATION INCENTIVE. Non-sworn employees assigned to the Fire Prevention Bureau who become certified by the ICC and maintain a Fire Inspector I Certification, or a higher-level certification, shall receive $100.00 per month. This certification pay shall continue provided the employee maintains valid certification. This form of pay, also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations , Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
SECTION 4. URBAN SEARCH AND RESCUE (USAR) CERTIFICATION INCENTIVE.
Employees who have successfully completed State Fire Marshal certified Rescue Systems I, Rescue Systems II, Confined Space Rescue, Trench Rescue, and Swift Water Rescue classes will receive a $50.00 per month certification pay. This form of pay , also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Sectio n 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
ARTICLE VIII
UNIFORMS
SECTION 1. The City will purchase uniforms for all uniformed employees. Total expenditures for the Fire Department shall not exceed $600.00 per calendar year per uniformed employee.
All uniforms purchased shall remain the property of the City of Orange. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5). This form of pay is not pensionable compensation for New Members hired after January 1, 2013 pursuant to PEPRA.
SECTION 2. All safety equipment, including protective clothing or devices required of employees in the performance of their duties , shall be furnished by the City. All safety equipment purchased by the City shall remain the property of the City.
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17 ARTICLE IX
HOLIDAYS
SECTION 1. Employees shall receive the following ten (10) paid holidays in accordance with this Article:
1) January 1st (New Year’s Day)
2) Third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (day after Thanksgiving Day) 9) December 25th (Christmas Day)
10) One (1) Floating Holiday
SECTION 2.
A. Fire suppression employees who work an average work week of 55.9 hours shall receive holiday pay in lieu of holiday time off. The employee shall have the option annually to have holiday pay paid out in one of two ways: receive the holiday pay during the pay period that the holiday falls within, or, holiday hours shall be accrued and paid-off twice a year, with the pay-offs occurring in the pay period that includes Memorial Day and the pay period that includes Thanksgiving Day.
B. One (1) working day equals twelve (12) hours for suppression employees.
C. Fire employees who have a regular forty (40) hour work week shall receive ten (10) hours off with pay for such holidays.
D. As set forth in this M OU, the terms “holiday pay” or “holiday pay in lieu of time off” shall be defined as cash compensation in the same amount the affected employee would have received had the employee taken the holiday off with pay, which would include the individual’s base pay, plus premiums that qualify as special compensation as defined by the Public Employees’ Retirement Law (PERL). With the exception of the one (1) Floating Holiday, t his form of pay , also referred to as “Holiday Pay ”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571(a)(5), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(4).
E. Any holiday compensatory time accrued in excess of 120 hours per calendar year shall be automatically paid to the employee in the pay period which includes January 1st of the following calendar year.
18 SECTION 3. For those employees whose regular work week is forty (40) hours, in the event any of the above holidays fall on a Sunday, the following Monday will be deemed a holiday.
When any of the above holidays fall on a Saturday, the preceding Friday will be deemed a holiday. When any of the above holidays fall on an employee’s regularly scheduled day off during the week, employees will be credited with ten (10) hours of holiday compensatory time.
SECTION 4. Should an employee whose regular work week is forty (40) hours be required to work on a holiday listed in Section 1 above, the employee shall receive holiday pay and straight time pay for all hours worked on the holiday or the equivalent time off as compensatory time.
Work on a holiday must be approved by the Fire Chief. Employees shall receive no other compensation for working a holiday.
SECTION 5. Should any of the holidays listed above fall during an employee's vacation period, the employee shall receive holiday pay for such holidays, which will reduce the charge made against the employee's vacation.
SECTION 6. The floating holiday shall be taken upon appropriate entry in the departmental timekeeping system or with the approval of the Fire Chief , or duly authorized designee, according to the Department Staffing Policy.
A. Employees will be credited one (1) floating holiday as of January 1st.
B. The floating holiday hours shall be taken as time off from work no later than December 31st of the same year in which they were earned.
C. The floating holiday hours are not accumulative and shall be forfeited should they not be taken during the calendar year it was earned.
D. Employees whose employment with the City ends prior to using the floating holiday hours shall receive cash reimbursement for said floating holiday hours.
ARTICLE X
VACATION
SECTION 1. Employees accrue vacation as indicated in Appendix A.
A. SCHEDULE 1: For employees who work an average work week of 55.9 hours.
B. SCHEDULE 2: For Fire Captains who work an average work week of 55.9 hours.
C. SCHEDULE 3: For employees who work a regular work week of forty (40) hours.
D. SCHEDULE 4: For Fire Captains who work a regular work week of forty (40) hours.
19 SECTION 2. Vacation shall be taken by employees upon appropriate entry in the departmental timekeeping system or prior approval of the Fire Chief, or duly authorized designee, according to the Department Staffing policy.
A. Where possible, vacation should be taken annually and not accumulated from year to year.
B. Vacation not in excess of the amount earned in the immediately preceding twenty - four (24) month period may be accumulated.
C. Employees shall not accumulate vacation in excess of the amount earned in the immediately preceding twenty-four (24) month period.
SECTION 3. Employees may convert up to fifty percent (50 .0%) of their current annual vacation accrual into pay in lieu of time off with pay. Such conversion may occur once per calendar year.
SECTION 4. Employees who separate employment with the City shall be paid for accrued and unused vacation and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one -twelfth (1/12) of the employee’s annual vacation pay for each full month of service.
SECTION 5. Probationary Fire fighters shall not be permitted to utilize vacation until successfully passing the probationary period. The Fire Chief shall have the discretion to allow an exception to this policy for extenuating circumstances.
ARTICLE XI
OTHER LEAVES OF ABSENCE
SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:
A. After all available and applicable leave benefits have been exhausted, an employee, not under suspension, may make written application to the Fire Chief for a leave of absence without pay. No such leave will be considered absent a written application from the employee requesting leave.
B. If the Fire Chief and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits.
C. No employment or fringe benefits such as sick leave, vacation, health insurance, and in some cases retirement, or any other benefits shall accrue to any employee on leave of absence without pay , except as denoted in Subsection D below and under the
20 City’s Family Medical Leave Act (FMLA) / California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) policies. During such leave in excess of five (5) working days, no seniority shall be accumulated.
D. Medical, dental, vision, life, disability and other insurances may be continued during a leave of absence without pay, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City.
The City will pay up to six (6) months of the Flexible Benefit Plan towards insurance premium contributions for employees who are on an approved long-term disability leave.
E. At the end of such leave, if the employee desires additional leave, written application must be made through the Fire Chief to the Human Resources Director at least ten (10) days before the end of the leave, stating the reasons why the additional leave is desired and why it would be in the interest of the City to grant such leave of absence.
If such additional leave is merited and would still preserve the interest of the City, the Human Resources Director may approve such extension of the leave of absence for a period up to, but not to exceed, an additional six (6) months.
F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the employee shall be considered to have resigned from employment with the City.
G. An employee on a leave of absence without pay must give the City at least seven (7) days’ written notice of intent to return to work prior to returning to work.
H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Fire Chief may be subject to termination.
I. Any employee who falsifies the reason for the request for said leave of absence , or extension thereof, may be terminated.
J. Employees granted such leave on the same basis for pregnancy, childbirth, adoption, and other medically related conditions shall retain seniority rights.
K. Forms setting forth the leave of absence without pay pertinent information shall be maintained for distribution in the Human Resources Department.
SECTION 2. JURY DUTY AND WITNESS SERVICE FOR THE CITY.
A. Jury Duty. When required to serve on a jury while on duty during a regular work shift (excluding overtime shifts), employees shall have paid time off for a period of actual service required on the jury , provided all jury fees paid to the employee are turned over to the City, except for automobile expenses allowed. Once an employee
21 has completed jury service, the employee must provide the Certificate of Jury Service to the supervisor to qualify for jury duty compensation.
B. Witness Service for the City. If an off-duty employee is called as a witness on behalf of the City, the employee shall receive overtime pay for the period of actual service required. As a condition of receiving pay while serving as a witness for the City, employees shall be required to submit to the City any witness service fees received.
C. Upon completion of Jury Duty and/or Witness Service for the City, the employee shall contact the on -duty Fire Battalion Chief , or duly authorized designee, to reconcile the remainder of the employee’s work shift.
SECTION 3. MILITARY LEAVE OF ABSENCE. If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of State law found in applicable sections of the California Military and Veterans Code. Employees must provide a copy of their military orders , and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.
SECTION 4. SICK LEAVE. Sick leave shall accrue and be charged in accordance with the following:
A. For employees who work an average work week of 55.9 hours, twelve (12) hours of sick leave will accrue for each month of continuous service.
B. For employees who work a regular work week of forty (40) hours, eight (8) hours of sick leave will accrue for each month of continuous service.
C. All non-benefited employees accrue receive sick leave as required by State law.
D. For employees who work an average work week of 55.9 hours, sick leave will be charged at the rate of one (1) shift [twenty-four (24) hours] for each work shift an employee is absent.
E. For employees who work a regular work week of forty (40) hours, sick leave will be charged at the rate of one (1) day (10 hours) for each workday an employee is absent.
F. In any instance involving the use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one-quarter (0.25) hour, while additional actual absence of over one -quarter (0.25) hour shall be charged to the nearest one-half (0.5) hour.
SECTION 5. SICK LEAVE USAGE. Any employee eligible for sick leave shall be granted such leave for the following reasons:
22 A. Personal illness or physical incapacity beyond the employee’s control resulting from causes including pregnancy, childbirth, and other medically-related conditions.
B. Medical, dental, and vision appointments during working hours, when authorized by the Fire Chief, or duly authorized designee.
C. Personal illness or injury as set forth in Section 7 of this Article.
D. For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code Sections 230(c) and 230.1(a).
E. Family Sick Leave. Employees who work a regular work week of forty (40) hours may charge up to forty-eight (48) hours per calendar year to sick leave for reasons of illness or injury of any employee’s immediate family . Employees who work an average work week of 55.9 hour s may charge up to seventy-two ( 72) hours per calendar year to sick leave for reasons of illness or injury of an employee’s immediate family. "Immediate family" as used in this subsection is limited to any relation by blood, marriage, or adoption, who is a m ember of the employee's household, and any parent, substitute parent, parent -in-law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, or “designated person” pursuant to AB 1041, regardless of residence.
F. The Fire Chief shall be responsible for control of misuse of sick leave benefits if such absence exceeds four (4) consecutive working days for forty (40) hour work week employees or two (2) consecutive twenty-four (24) hour shifts for suppression employees. An employee may be required, as a condition for receiving sick leave pay, to furnish a certificate of illness issued by a licensed physician or nurse, or other satisfactory evidence of illness, in writing. The Fire Chief may establish a reasonable sick leave usage, monitoring, and control program to develop acceptable standards for attendance and usage and may take appropriate action when necessary.
G. The Union shall cooperate with the Fire Chief in efforts to ensure sick leave benefits are used appropriately.
H. Service Retirement. Upon retiring from City service and entering CalPERS as a retired annuitant, an employee shall receive the following payout for accrued unused sick leave:
Suppression Employees 40-Hour Employees
Sick Leave
Hours
Payout
Percentage Sick Leave
Hours
Payout
Percentage
Hours 0-720 15.0% Hours 0-600 15.0%
Hours 720.01-1,080 25.0% Hours 600.01-900 25.0%
Hours 1,080.01+ 60.0% Hours 900.01+ 60.0%
23 I. Service Retirement Pending Industrial Disability Retirement. Following the City’s receipt of CalPERS’ determination correspondence granting an employee’s industrial disability retirement pursuant to CalPERS retirement law, all accrued and unused sick leave shall be deposited into the employee’s Post Employment Health Plan (PEHP).
J. Industrial Disability Retirement. Following the City’s receipt of CalPERS’ determination correspondence granting an employee’s industrial disability retirement pursuant to CalPERS retirement law, all accrued and unused sick leave shall be deposited into the employee’s PEHP. Or, in the alternative, at the employee’s timely written request submitted to the Fire Chief, the effective date of the employee’s retirement may be delayed by applying some or all of the employee’s remaining unused sick leave for service credit, in accordance with Publ ic Employees’ Retirement Law. In such case, any unused sick leave not applied for service credit shall be deposited into the employee’s PEHP.
K. Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee.
Payment will be made when proper authorization is received from the estate of the decedent employee.
SECTION 6. BEREAVEMENT LEAVE . Employees shall be entitled to take up to the following amount of paid bereavement leave per incident under the following terms and conditions:
A. Bereavement leave may only be used upon the death, or critical illness where death appears to be imminent, of a member of the employee's immediate family. "Immediate family" is used in this MOU to include any relation by blood, marriage, or adoption, who is a member of the employee's household, under the same roof, and any parent, substitute parent, parent -in-law, spouse, registered domestic partner, child, grandparent, grandchild, brother, or sister of the employee, regardless of residence.
B. Forty (40) hour employees shall be entitled to take up to three (3) days of paid City bereavement leave per incident. An additional two (2) days of leave may be taken from existing leave accruals, for a maximum of five (5) days total per incident.
C. 55.9 hour employees shall be entitled to take up to two (2) twenty -four (24) hour shifts of paid City bereavement leave per incident. An additional three (3) shifts of leave may be taken from existing leave accruals, for a maximum of five (5) shift s total per incident.
D. An employee on bereavement leave shall inform the immediate supervisor of that fact as soon as possible. Failure to do so within a reasonable period of time may be cause for denial of bereavement leave for the period of absence. The City may require documentation as a condition of payment of bereavement leave.
24 SECTION 7. WORKERS’ COMPENSATION . Workers’ Compensation benefits will be provided as follows:
A. Safety Employees. Salary continuance for safety employees will be provided in accordance with the current State of California’s Division of Workers’ Compensation laws and regulations.
B. Non-Safety Employees. Non-safety employees shall be granted temporary disability leave in accordance with the current State of California’s Division of Workers’ Compensation Laws and regulations. When a City employee is entitled to receive temporary disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first thirty ( 30) days starting from the date of injury. The employee will then receive eighty percent (80%) of salary for up to an additional 335 calendar days. Temporary disability leave in excess of 365 days will be provided subject to current State regulations. Thereafter, the regular temporary disability Workers’ Compensation rate will apply.
C. Course of Employment. Should it be determined by the employee’s doctor, a doctor agreed upon by both parties, or an Administrative Law Judge through the Workers ’ Compensation Appeals Board, that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee's accrued, or if insufficient, future , sick leave, shall be charged to reimburse the City for any payments made to the employee pursuant to above.
D. Pre-Designation of Physician. Before a work-related injury, an employee may elect to pre-designate a qualified medical provider if done in accordance with the State of California’s Division of Workers’ Compensation.
E. Fringe Benefits. An employee receiving benefits pursuant to Labor Code section 4850 or temporary disability will continue to receive the City’s contribution to the employee’s benefit premiums, such as medical plan, dental plan, and vision plan. All authorized deductions will continue as though the employee is on regular work status.
If the employee is no longer eligible to receive temporary disability benefits, the employee shall be responsible for paying the employee’s benefit premiums . Any contributions to the employee’s benefits not paid pending the determination of whether an injury/illness is job-related and compensable shall be paid retroactively if compensability is determined and accepted by the City.
F. An employee receiving temporary disability payments in accordance with the current State of California Division of Workers’ Compensation laws and regulations may use leave (including sick leave, vacation, compensatory time, etc. ) to supplement temporary disability payments to reach the amount equal to the employee’s full
25 regular pay until the employee’s leave balances reach zero , a t which time, the employee would no longer be able to supplement the temporary disability payments.
ARTICLE XII
RETIREMENT
SECTION 1. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to , the following retirement benefits for employees:
A. Safety Retirement Formula – New Members. Safety employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in California Government Code Section 7522.25(d). These New Members are subject to the three (3) year final compensation measurement period set forth in California Government Code Section 7522.32. These New Members shall contribute fifty percent (50.0%) of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre-tax basis, as set forth in California Government Code Section 7522.30(c). In all other respects, New Members shall be subject to the terms and requirements of Public Employees’ Pension Reform Act (PEPRA).
B. Safety Retirement Formula – Classic Members . Safety employees who are not defined as New Members as outlined in Section A above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period as set forth in California Government Code Section 20042. These Classic Members shall contribute twelve percent (12.0%) of their compensation earnable, on a pre-tax basis.
C. Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are N ew M embers of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subject to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute fifty percent (50.0%) of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre-tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of PEPRA.
D. Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who are not defined as New Members as outlined in Section C above are defined as
26 Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent (8.0%) of their compensation earnable, on a pre-tax basis.
SECTION 2. 1959 CALPERS SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: employees shall pay any portion of the employer cost that exceeds $6.00 monthly.
SECTION 3. POST-EMPLOYMENT HEALTH PLAN (PEHP). The Union agrees to participate in the PEHP for Collectively Bargained Public Employees ( hereinafter referred to as “Plan”) in accordance with the terms and conditions of the Plan’s Participation Agreement between the Union and their selected investment administrator.
The Union shall reserve the right to select the program and administrator for their post - employment health care needs. The Union will indemnify and release the City from any and all liabilities.
When an employee retires from the City, the City shall contribute the value of the employee’s leave accruals into the Insurance Premium Reimbursement Account sub -account pursuant to the terms and conditions of the Plan as follows:
A. 100% of eligible accrued sick leave;
B. 100% of eligible accrued vacation; and
C. 100% of eligible accrued other leave (i.e., holiday, comp ensatory time, etc.) as deemed eligible by the Internal Revenue Code.
The Union reserves the right to annually modify the percentage of leave amounts and/or contributions to the Plan on behalf of its members. No modification will be effective without a corresponding amendment to the Plan’s Participation Agreement by the City.
Employees who are eligible for fully paid family retiree medical benefits shall not be eligible for the Plan, and as such, upon retirement, leave amounts listed above shall be paid to the employee upon retirement. Such employees, upon submitting notice of retirement to the City, shall notify the Human Resources Department with appropriate documentation that they are eligible for fully paid family retiree medical benefits, and thus do not qualify for the Plan.
SECTION 4. DEFERRED COMPENSATION PLAN. The City shall offer Schwab Personal Choice Retirement Account (PCRA) as a Deferred Compensation Plan, with an independent advisor selection, on the condition that the City incur no cost as a result of this action.
27 ARTICLE XIII
TRAVEL AND BUSINESS EXPENSE REIMBURSEMENT
The City has established a Travel and Business Expense Reimbursement Policy (Administrative Policy 4.13) to reimburse City employees when conducting City business, attending business or professional conferences, training seminars, or other travel for authorized City business.
Any employee who is required to travel in the performance of their duties or to attend an authorized meeting or conference or otherwise incurs expenses relating to the conduct of City business shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging, and incidentals as outlined in the Administrative Policy referenced above.
Travel related to Educational and Professional Development as outlined in Article VII, Section 1, is excluded from this provision.
ARTICLE XIV
SAFETY STANDARDS
SECTION 1. The City and its employees agree to comply with all applicable Federal, State and Local laws, as well as City policies, which relate to health and safety. In addition, the City and the Union agree to actively pursue the continuation of safe working procedures and environments.
SECTION 2. MINIMUM STAFFING LEVEL. The daily minimum staffing level shall be thirty-five (35) sworn Fire Department employees per twenty-four (24) hour shift. In the event any additional engine, truck, paramedic, or ambulance companies are added to the complement of staffed emergency response companies, an increase to the minimum daily staffing level shall be reflected in this provision.
SECTION 3. HEALTH FITNESS STANDARDS. In an effort to improve and maintain the physical and mental wellbeing of all safety employees, and to reduce the frequency and severity of work-related injuries and illness es, the Union and the City agree to the following Health Fitness Standards:
A. Weight and Body Fat: Employees shall maintain their weight and body fat within established standards based upon their age, height, and bone structure, as established by the recognized medical authority.
B. Smoking and Vaping: As a condition of employment, employees shall refrain from smoking and/or vaping on duty. Employees will be encouraged to become , or remain, non-smokers/non-vapers and be provided with information and/or training to assist such effort, and the City may provide medical assistance as required.
28 C. Physical Fitness: The City shall allow and encourage employees to participate in recognized physical fitness programs while on duty before 0 900 and after 1700 which shall not conflict with the Department's ability to provide services or previously scheduled activities. The physical fitness programs presently recognized are:
1) Individual progressive conditioning programs that improve strength, stamina, and flexibility.
2) Individual cardiovascular conditioning programs that improve strength and stamina.
3) IAFF Wellness/Fitness Program.
Sporting team -type activities such as basketball, volleyball, football, baseball, hockey, or soccer are expressly prohibited.
D. Responsibilities.
1) The City shall provide optional physical exam inations that meet or exceed National Fire Protection Association recommendations for all safety employees. The results of all exams, except that which is required by law, shall be confidential between the examining physician and the employee.
2) The department shall designate a "Medical Officer" to coordinate scheduling, maintain records, and establish compliance.
3) The department shall provide the following at each fire station:
a) Exercise mats, including 3' x 6' outdoor carpet
b) Weight scale
c) Treadmill
d) Stairstep machine
e) Free-weight set with dumbbells and appropriate benches
E. The City and Union agree that no employee shall report to work under the influence of narcotics, drugs, controlled substances, alcohol , or any other substance that may impair the employee's ability to perform in a safe and efficient manner.
SECTION 4. MODIFIED LIGHT DUTY WORK PROGRAM. Work restrictions resulting from off-duty injuries may be accommodated at the discretion of the Fire Chief and Human Resources Director. Employees may, at the sole discretion of management, be required to work in a temporary modified light duty assignment, depending on the employee’s medical condition and work restrictions, while recovering from an injury or illness. The temporary modified light duty assignment will accommodate the employee’s work restrictions as indicated by a physician and depend upon the availability of temporary light duty work in the Fire Department. Such a
29 temporary light duty work assignment shall be for a maximum of three (3) months, which may be extended based on the employee’s health condition, the Americans with Disabilities Act, and Fair Employment and Housing Act regulations and requirements.
ARTICLE XV
NO STRIKE – NO LOCKOUT
SECTION 1. PROHIBITED UNION CONDUCT. The Union, its officers, agents, representatives, and members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, or any other concerted job action by withholding or refusing to perform services. A violation of this Section by any employee shall constitute just cause for discharge pursuant to Article XVII.
SECTION 2. PROHIBITED CITY CONDUCT. The City agrees that it shall not lockout its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall , or failure to return to work of the employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.
SECTION 3. UNION RESPONSIBILITY. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 of this Article, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU, and request that all such persons immediately cease engaging in prohibited conduct and return to work.
If the Union acts in good faith to meet its responsibilities as set forth above, the Union, its officers, agents, representatives, and its members shall not be liable for damages for prohibited conduct engaged in by employees who are covered by this MOU in violation of Section 1 of this Article.
SECTION 4. The City shall have the right to bring suit for damages and/or equitable relief in the Courts for breach of this Article.
ARTICLE XVI
CITY MANAGEMENT RIGHTS AND RESPONSIBILITIES
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights and responsibilities of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights and responsibilities existed prior to the execution of this MOU. The sole and exclusive rights and responsibilities of Management,
30 as they are not abridged by this MOU or by law, shall include , but not be limited to, the following:
A. To manage the City generally and to determine issues of policy;
B. To determine the existence or non -existence of facts which are the basis of the Management decision;
C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
D. To determine the nature, manner, means, and technology of services to be provided to the public;
E. To determine methods of financing;
F. To determine types of equipment or technology to be used;
G. To determine and/or change the location of facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted;
H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including, but not limited to, the right to contract or subcontract for any work or operation of the City;
I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;
J. To relieve employees from duties for lack of work, economic conditions, or similar non-disciplinary reasons subject to negotiations as required by law;
K. To establish and modify productivity and performance programs and standards;
L. To discharge, suspend, demote, or otherwise discipline employees for just cause, subject to procedural due process pursuant to Article XVII;
M. To determine job classifications and to reclassify employees and to determine job classifications to be assigned to the Union as a result of a new operation subject to negotiations as required by law;
N. To hire, transfer, promote , and demote employees for non -disciplinary reasons in accordance with this MOU;
31 O. To determine policies, procedures, and standards for selection, training , and promotion of employees;
P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith;
Q. To promulgate reasonable rules and regulations to maintain order and safety in the City which are not in contravention with this MOU;
R. To maintain order and efficiency in its facilities and operations;
S. To take any and all necessary action to carry out the mission of the City in emergencies as set forth in Article XXII, Section 4.
SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, w henever the contemplated exercise of Management's rights shall impact a significant number of employees of the Union, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU, or in Personnel Rules and Salary Resolutions and Administrative Policies, which are incorporated in this MOU. By agreeing to meet and confer with the Union as to the impact and the exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished.
SECTION 3. MUTUAL RESPONSE AGREEMENTS. The City shall continue those mutual response agreements outside the City limits that are currently in effect and to subcontract and enter into agreements with other cities or agencies for the purpose of providing a multi-purpose training facility and communications centers. The City agrees to negotiate with th e Union regarding the impact of any joint training agreement or any new mutual response agreements and/or modifications to current agreements.
SECTION 4. If the City discontinues an employee’s use of a City vehicle, the City will negotiate an equivalent benefit.
ARTICLE XVII
DISCIPLINE AND DISCHARGE – RULES AND REGULATIONS
SECTION 1. The City shall have the right to discipline and discharge employees for just cause.
SECTION 2. Employees shall not be disciplined or discharged for reasons that are arbitrary, capricious, and/or discriminatory.
SECTION 3. The Union and the employee shall receive a copy of all discipline or discharge notices.
32 SECTION 4. The City shall have the right to issue reasonable employee rules and regulations not in conflict with the express terms of this MOU, provided that such rules and regulations are:
A. Submitted to the Union prior to adoption;
B. Discussed with the Union prior to adoption, and feedback submitted by the Union is considered; and
C. Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to implementation.
SECTION 5. To comply with the provisions of the Firefighters Procedural Bill of Rights (FBOR) Act, as set forth by California Government Code Section 3250 et seq., in conjunction with the provisions of this MOU, the City and the Union hereby agree as follows:
A. The City shall comply with the provisions of the FBOR as set forth in Government Code Section 3250 et seq.
B. Disciplinary actions subject to the grievance procedure set forth in Article XXI shall include discipline as defined by the FBOR. If the discipline is of a nature that entitles an employee to a hearing under the FBOR, that hearing shall be conducted in conformance therewith. The parties agree that the arbitrator selected pursuant to the procedures in Article XXI Section 6 shall act in the capacity of the hearing officer and conduct the hearing in accordance with the FBOR. 1) The Department and the Union shall endeavor to appraise each other of potential disciplinary issues and investigations as soon as appropriate. 2) Employees subject to investigatory interviews may be accompanied by a representative and /or legal counsel if requested, as long as the representative or legal counsel is reasonably available and does not cause any significant delay of the investigation.
C. Any hearing on a grievance alleging a violation of the FBOR shall be conducted in conformance with the procedure set forth in this Section.
ARTICLE XVIII
PAYCHECK INFORMATION
SECTION 1. UNION DUES DEDUCTIONS. The City shall deduct Union dues and supplemental benefit payments from employee paychecks on a bi-weekly basis. The City shall process these deductions based on the information certified to be current by the Treasurer of the
33 Union. The total amount of deduction shall be remitted by the City to the Union within ten (10) calendar days of each applicable payday.
SECTION 2. INDEMNIFICATION. The Union agrees to hold the City harmless and indemnify the City against any claims, causes of action , or lawsuits arising out of the deductions or transmittal of such funds to the Union, except of the intentional failure to transmit, to the Union, monies deducted from the employees pursuant to this Article, or caused by the Union's negligence. The Union shall notify the City within ten (10) calendar days of any discrepancy concerning Union dues or other payroll deductions pur suant to this Article. If the Union does not notify the City of any discrepancy within ten (10) calendar days, the City shall be relieved of any asserted discrepancy.
SECTION 3. DIRECT DEPOSIT. Employees are required to participate in the City’s direct paycheck deposit program.
ARTICLE XIX
RESIDENCY REQUIREMENT
All employees hired after June 25, 2023 shall be permanent and full-time residents of the State of California and reside no further than one hundred (100) road miles from Fire Headquarters.
This presumes that a substantial portion of that distance will be traveled at freeway speed and that employees can report to Fire Headquarters within ninety (90) minutes of the request for call back. Employees hired before June 25, 2023, with continuous City of Orange employment (with no break in service), are exempt.
ARTICLE XX
UNION REPRESENTATION
SECTION 1. Employees shall have the right to representation by the Union with respect to all matters within the scope of employee-employer relations, including procedural due process, in accordance with State law.
SECTION 2. The Union shall notify the Human Resources Director and the Fire Chief, or duly authorized designee, in writing, of the names of its authorized Union Representatives.
SECTION 3. Union representation, including the investigation and processing of grievances during working hours, shall be conducted by the Union President and/or duly authorized designee(s).
SECTION 4. The on-duty Shift Commander shall be given sufficient notice by the Union Representative(s) of such on-duty representation during normal working hours.
34 SECTION 5. Union representation, including the processing and investigating of grievances, shall not unreasonably interfere with employees in the performance of their duties.
SECTION 6. Upon notice to the City, and approval of the Fire Chief , or duly authorized designee, Union Representatives or other designees shall be granted leave from work to attend to Union business without loss of compensation. The Fire Chief, or duly authorized designee, is authorized to grant up to a total of 312 hours off with pay per fiscal year for the Union Board or its designees in its entirety (not 312 hours per member of the Board) for such Union business, as defined by the Union President , or duly authorized designee, exclusive of time spent for collective bargaining and grievance processing. Any of the 312 hours which are not used by June 30th will automatically be forfeited . The Union shall track the use of this benefit within the departmental timekeeping system.
ARTICLE XXI
GRIEVANCE AND ARBITRATION PROCEDURES
SECTION 1. GRIEVANCE DEFINED. A grievance shall be defined as and limited to a dispute or controversy between an employee, group of employees, and/or the Union and the City regarding the application or interpretation of this MOU, Personnel Rules and Regulations of the City, and/or departmental rules, regulations, or practices.
SECTION 2. PROCEDURAL DUE PROCESS. Concerning pre -disciplinary matters, the grievance procedure shall not act as a substitute for procedural due process rights for individual employees.
SECTION 3. APPLICATION OF PROCEDURE. All grievances shall be adjusted in accordance with the procedure set forth in this Article and shall constitute the exclusive means and procedure for the settlement and disposition of all grievances. Employees may process their own grievances provided that no part of the grievance is inconsistent with the terms of this MOU, and the Union has been given an opportunity to be present at all grievance proceedings, including adjustment of the grievance.
SECTION 4. TIMELY FILING AND PROCESSING OF GRIEVANCES. Any grievance not filed within the time limit set forth herein shall be barred and waived. Any grievance not timely processed through the next step of the grievance procedure shall be considered resolved in accordance with the proper answer of the City. Any issue or dispute concerning the grievance procedure, including the timeliness of the filing or processing of a grievance, shall be subject to determination by the Arbitrator pursuant to Section 5, Subsection C, of this grievance procedure.
The Arbitrator shall decide any issue or claim as to timeliness or whether a filed grievance meets the test of arbitrating, as set forth in this MOU. The Arbitrator shall proceed to decide such issue before hearing the case upon its merits, and if possible, shall issue a bench decision at the completion of the presentation of evidence concerning the issue.
35 SECTION 5. STEPS OF GRIEVANCE PROCEDURE. A grievable matter shall first be discussed on an informal basis with the immediate supervisor (if the supervisor has the power to adjust the matter) prior to filing a formal grievance. If an informal discussion with the immediate supervisor does not resolve the issue, the following steps shall be followed:
A. Step I. A grievance must be filed, in writing, with the Fire Chief, or duly authorized designee, within twenty (20) calendar days of the grievant knowing, or in the exercise of reasonable diligence should have known, of the event giving rise to the grievance. Within twenty (20) calendar days of receipt of the grievance, the Fire Chief, or duly authorized designee, shall meet with the grievant and the grievant’s representative and submit a written response thereto.
B. Step II. If the grievant is not satisfied with the decision of the Fire Chief, or if the grievant has not received a written decision within the time specified, the grievant may file a written appeal with the City Manager, or duly authorized designee, within twenty (20) calendar days of the answer or such time when the answer was due.
Within twenty (20) calendar days of receipt of written appeal, the City Manager, or duly authorized designee, shall meet with the grievant and the grievant’s representative, and shall submit a written response thereto within twenty (20) calendar days of receipt of the written appeal.
C. Step III. Either party to the dispute may request that the dispute be submitted to arbitration in accordance with the procedure contained herein. Such request shall be submitted in writing within twenty (20) calendar days after completion of Step II above, with a copy served by mail/email to the other party.
SECTION 6. ARBITRATION PROCEDURE.
A. The City and the Union shall promptly meet to attempt to mutually select an arbitrator. If such selection cannot be accomplished, either the City or the Union may notify the California State Mediation and Conciliation Service (CSMCS) to submit nine (9) names of neutrals that are qualified to serve as an arbitrator. The City and the Union shall meet within five (5) business days upon receipt of the list of arbitrators to mutually select the Arbitrator to hear the dispute or to alternately strike-off names until only one arbitrator remains. That person shall then serve as the Arbitrator. In the event either the City or the Union desires to strike an entire list submitted by the CSMCS, such party may do so on up to two (2) occasions. In that case, the parties shall mutually and promptly request a new list from the CSMCS.
B. The Arbitrator shall not have the authority to add to, modify, or subtract from this MOU or to take testimony from one party outside the presence of the other. The Arbitrator's authority is thus limited to deciding whether there has been a violation of this MOU pursuant to a grievance as defined in this Article, and the determination of an appropriate remedy for any such violation. The Arbitrator shall only have authority to issue recommendations or an advisory award concerning the
36 interpretation or application of Article XIV, and such award shall not be binding upon the parties.
Furthermore, the Arbitrator shall not have the authority or power to render a binding decision that requires the City to expend additional funds, hire additional employees, buy additional equipment or supplies, pay wages or benefits not specifically provided for in this MOU, or to take any action which would be in violation of Federal or State laws.
C. The decision of the Arbitrator shall be final and binding upon the City, Union, grievant, and all employees covered by this MOU in the following cases:
1) All discipline and discharge cases of employees. In discipline cases, the Arbitrator's remedy may include reinstatement and/or back pay in full or in part.
2) Disputes regarding the interpretation or application of specific provisions of this MOU.
D. Unless extended by mutual agreement of the parties, the Arbitrator shall render a decision and award within one (1) month after the close of the hearing and the receipt of briefs, if any.
E. The compensation and expenses of the Arbitrator shall be borne equally by the City and the Union. All other expenses, including that of a court reporter, shall be borne by the party that requests such service , unless the parties agree that such service is necessary for the arbitration proceeding, in which case, such expenses shall be borne equally.
ARTICLE XXII
SCOPE AND APPLICATION OF MEMORANDUM OF UNDERSTANDING
SECTION 1. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING.
A. It is the intent of the parties hereto that this MOU shall supersede all prior MOUs or contrary City contracts and , when approved by the City Council , shall govern the entire relationship between the City and the Union.
B. City Resolution No. 4440 that sets forth a settlement between the City and the Union of Case No. 237 979 shall remain in effect and be incorporated herein by reference.
SECTION 2. This MOU is subject to amendment only by subsequent written agreement between, and executed by, the parties hereto.
37 SECTION 3. TERMS SEVERABLE. If any provision of this MOU, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of the MOU shall remain in full force and effect.
SECTION 4. EMERGENCY WAIVER. In the event of circumstances beyond the control of the City as a result of a declared emergency, national disaster, or similar circumstances, provisions of this MOU, the Personnel Rules or Regulations of the City , and/or departmental rules and policies, may be suspended for the duration of such emergency. After the emergency is declared over, the City shall immediately meet and confer with the Union regarding the impact on employees of the suspension of these provisions in the MOU and/or the Personnel Rules or Regulations of the City and/or departmental rules and policies.
SECTION 5. LIMITED REOPENER. The City can reopen Article III (Salaries) and/or Article X Section 3 (Vacation Conversion) of the MOU for negotiations during the 2023/2024 or 2024/2025 fiscal years through a limited reopener subject to the requirements set forth in this Article. In order for the City to invoke this limited reopener:
1) There must be a fiscal year -over-year (from 2021/2022 to 2022/2023, or, from 2022/2023 to 2023/2024) decrease in net sales tax revenue received by the City greater than 10.0%, and;
2) The City must provide written notice of its request and intent to reopen MOU negotiations for this limited purpose to the Union during the following dates: December 15, 2023 through January 15, 2024, or, December 15, 2024 through January 15, 2025.
Upon receipt of such timely request, the Parties agree to meet and confer in good faith on the Article(s) requested for reopening. Any changes to the MOU arising out of this limited reopener shall be by mutual written agreement. It is the expressed intent of the Parties that the language pertaining to this limited reopener is included in the current MOU only and expires June 30, 2026. Any inclusion of a like or similar Article in future MOUs will be subject to the meet and confer process.
ARTICLE XXIII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 1. TERM OF AGREEMENT. The term of this MOU shall commence on July 1, 2023 and shall continue in effect until June 30, 2026.
SECTION 2. REQUEST TO MEET AND CONFER. Upon written notice and request of either party to modify the terms of this MOU prior to June 30, 2026, the parties shall meet and confer in good faith for the purpose of reaching a new agreement.
38 ARTICLE XXIV
RATIFICATION AND EXECUTION
The City and the Union have reached an understanding as to certain recommendations to be made to the City Council for the City and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Union acknowledge that this MOU shall not be in full force and effect until adopted by the City Council of the City of Orange.
Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Union and entered into this 23rd day of January 2024.
ORANGE CITY FIREFIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
CITY OF ORANGE ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
By: ________________________________ By: ___________________________________ Monica Espinoza, Human Resources Director Miguel Gonzalez, President
By: ________________________________ By: ___________________________________ Cody Kleen, Human Resources Manager Brad Greenamyer, Vice President
By: ________________________________ By: ___________________________________ Christina Lopez, Sr. Human Resources Analyst Jason Alonzo, Treasurer
By: ________________________________ By: ___________________________________ Robert Moya, Sr. Administrative Analyst Justin Cunanan, Secretary
By: __________________________________
Katey Sullivan, Member at Large
By: ___________________________________
Martin Navia Jr., Member at Large
APPROVED AS TO FORM:
Nathalie Adourian, Senior Assistant City Attorney
39 APPENDIX A
VACATION BENEFITS – SCHEDULE 1
FIRE EMPLOYEES WORKING AN AVERAGE 55.9 HOUR WORK WEEK
(EXCEPT FIRE CAPTAINS)
ACCRUAL RATE: 12.56 HOURS = 1 DAY
Years of Service Hours per Year Days per Year Shifts per Year 1-04 138 11 5.75
5-14 188 15 7.83
15-24 251 20 10.46
25-30 314 25 13.08
40 APPENDIX A (CONTINUED)
VACATION BENEFITS – SCHEDULE 2
FIRE CAPTAINS WORKING AN AVERAGE 55.9 HOUR WORK WEEK
Except, however, that 24 -hour shift Fire Captains who work fire suppression shall accrue vacation on the basis listed in the table below. If the fire suppression hours should drop below
55.9 hours per week, vacation accrual shall be subject to meet and confer, as to all employees employed on a 24-hour basis.
ACCRUAL RATE: 12.56 HOURS = 1 DAY
Years of Service Hours per Year Days per Year Shifts per Year 1 138.0 11.00 5.75
2 141.3 11.25 5.88
3 157.0 12.50 6.54
4 172.7 13.75 7.20
5 188.0 15.00 7.83
6 194.3 15.50 8.10
7 200.6 16.00 8.36
8 206.9 16.50 8.62
9 213.2 17.00 8.88
10 219.5 17.50 9.15
11 225.8 18.00 9.41
12 232.1 18.50 9.67
13 238.4 19.00 9.93
14 244.7 19.50 10.20
15 251.0 20.00 10.46
16 257.3 20.50 10.72
17 263.6 21.00 10.98
18 269.9 21.50 11.25
19 276.2 22.00 11.51
20 282.5 22.50 11.77
21 288.8 23.00 12.03
22 295.1 23.50 12.30
23 301.4 24.00 12.56
24 307.7 24.50 12.82
25 314.0 25.00 13.08
26 320.3 25.50 13.35
27 326.6 26.00 13.61
28 332.9 26.50 13.87
29 339.2 27.00 14.13
30 345.5 27.50 14.40
41 APPENDIX A (CONTINUED)
VACATION BENEFITS – SCHEDULE 3
FIRE EMPLOYEES WORKING AN AVERAGE FORTY (40) HOUR WORK WEEK (EXCEPT FIRE CAPTAINS)
Those employees who work a regular work week of forty (40) hours shall accrue vacation on the following basis:
Years of Service Approx. Workdays
per Month Hours per Month Workdays per Year
1-4 0.917 07.333 11.0
5-14 1.250 10.000 15.0
15-24 1.667 13.334 20.0
25-30 2.083 16.667 25.0
42 APPENDIX A (CONTINUED)
VACATION BENEFITS – SCHEDULE 4
FIRE CAPTAINS WORKING AN AVERAGE FORTY (40) HOUR WORK WEEK
Except, however, that Fire Captains who work a regular work week of forty (40) hours shall accrue vacation on the following basis:
Years of Service Approx. Workdays
per Month
Hours per Month Workdays per Year
1 0.917 07.333 11.00
2 0.938 07.500 11.25
3 1.042 08.334 12.50
4 1.146 09.167 13.75
5 1.250 10.000 15.00
6 1.292 10.334 15.50
7 1.333 10.667 16.00
8 1.375 11.000 16.50
9 1.417 11.334 17.00
10 1.458 11.667 17.50
11 1.500 12.000 18.00
12 1.542 12.334 18.50
13 1.583 12.667 19.00
14 1.625 13.000 19.50
15 1.667 13.334 20.00
16 1.708 13.667 20.50
17 1.750 14.000 21.00
18 1.792 14.334 21.50
19 1.833 14.667 22.00
20 1.875 15.000 22.50
21 1.917 15.334 23.00
22 1.958 15.667 23.50
23 2.000 16.000 24.00
24 2.042 16.334 24.50
25 2.083 16.667 25.00
26 2.125 17.000 25.50
27 2.167 17.334 26.00
28 2.208 17.667 26.50
29 2.250 18.000 27.00
30 2.292 18.334 27.50
43 EXHIBIT A
ORANGE CITY FIREFIGHTERS, INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
MONTHLY SALARY RANGES
EFFECTIVE JUNE 19, 2022
2.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F645.5 10622 10622 10622 10622 10622
Fire Engineer F614.5 7486 7860 8253 8666 9099
Fire Inspector/Investigator F633.5 10004 10004 10004 10004 10004 Fire Safety Specialist F595.5 6808 7148 7506 7881 8275 Firefighter F589.5 6607 6937 7284 7649 8031
Hazardous Materials Specialist F615.5 7523 7899 8294 8709 9144 Plan Examiner F615.5 7523 7899 8294 8709 9144
EFFECTIVE JUNE 18, 2023
5.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F655.5 11166 11166 11166 11166 11166
Fire Engineer F624.5 7869 8262 8676 9109 9565
Fire Inspector/Investigator F643.5 10517 10517 10517 10517 10517 Fire Safety Specialist F605.5 7157 7515 7890 8285 8699
Firefighter F599.5 6945 7293 7657 8040 8442
Hazardous Materials Specialist F625.5 7908 8304 8719 9155 9613 Plan Examiner F625.5 7908 8304 8719 9155 9613
44 EXHIBIT A (CONTINUED)
ORANGE CITY FIREFIGHTERS, INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2025
2.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F669.5 11975 11975 11975 11975 11975
Fire Engineer F638.5 8439 8861 9304 9769 10257
Fire Inspector/Investigator F657.5 11278 11278 11278 11278 11278 Fire Safety Specialist F619.5 7675 8059 8462 8885 9329
Firefighter F613.5 7448 7821 8212 8622 9054
Hazardous Materials Specialist F639.5 8481 8905 9350 9818 10309 Plan Examiner F639.5 8481 8905 9350 9818 10309
EFFECTIVE JUNE 30, 2024
5.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F665.5 11738 11738 11738 11738 11738
Fire Engineer F634.5 8272 8685 9120 9576 10055
Fire Inspector/Investigator F653.5 11055 11055 11055 11055 11055 Fire Safety Specialist F615.5 7523 7899 8294 8709 9144
Firefighter F609.5 7301 7666 8049 8452 8874
Hazardous Materials Specialist F635.5 8313 8729 9165 9624 10105 Plan Examiner F635.5 8313 8729 9165 9624 10105
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63