1 MEMORANDUM OF AGREEMENT
Between
CITY OF PALO ALTO and
I.A.F.F. LOCAL 1319
January 30, 2023 uly 1, 2025 – June 30, 20285
2 PREAMBLE __________________________________________________________ 7 ARTICLE I - RECOGNITION _____________________________________________ 7 Section 1. Recognition. ______________________________________________________ 7 ARTICLE II - NO DISCRIMINATION _______________________________________ 7 Section 1. No Discrimination. __________________________________________________ 7 Section 2. Free Choice. ______________________________________________________ 7 Section 3. Human Relations Committee. _________________________________________ 7 ARTICLE III - PAYROLL DEDUCTIONS ____________________________________ 7 Section 1. Payroll Deductions and Written Authorization. ____________________________ 8 Section 2. Certification of Union Membership _____________________________________ 8 Section 3. Indemnification ____________________________________________________ 8 ARTICLE IV - UNION ACTIVITIES ________________________________________ 8 Section 1. On-Duty Time. _____________________________________________________ 8 Section 2. Interoffice Mail, Bulletin Boards, and E-Mail. ______________________________ 8 Section 3. Use of Meeting Places. ______________________________________________ 9 ARTICLE V - NO STRIKES ______________________________________________ 9 Section 1. No Strikes. ________________________________________________________ 9 ARTICLE VI - PROBATIONARY PERIOD __________________________________ 9 Section 2. Part of Testing Process. _____________________________________________ 9 Section 3. Suspension or Termination. __________________________________________ 9 ARTICLE VII - SALARY PROVISIONS ____________________________________ 10 Section 1. Base Wage Rates. ________________________________________________ 10 Section 2. Out-of-Class Compensation. _________________________________________ 11 Section 3. Salary Steps _____________________________________________________ 11 Section 4. Pay for Court Appearance. __________________________________________ 12 Section 4. Classifications ____________________________________________________ 13 ARTICLE VIII - PAY DIFFERENTIALS ____________________________________ 13 f. Paramedic Differential. _________________________________________________ 14 Section 2. Emergency Medical Technician Certification. _________________________ 14 Section 3. Bilingual Pay _____________________________________________________ 14 Section 4. Special Operations Assignment (Haz Mat) _____________________________ 15 Section 5. Fire Investigator Differential. ________________________________________ 15 Section 6. Education Incentive _____________________________________________ 15 ARTICLE IX - HOLIDAYS ______________________________________________ 16 Section 1. Named Holidays. __________________________________________________ 16 Section 2. Conditions. ______________________________________________________ 17 3 ARTICLE X - OVERTIME COMPENSATION _______________________________ 18 Section 1. Compensation. ___________________________________________________ 18 ARTICLE XI - APPARATUS STAFFING ___________________________________ 18 ARTICLE XII - WORK ASSIGNMENTS AND TRANSFERS ____________________ 18 Section 1. Shipouts. _______________________________________________________ 19 Section 2. Vacation Relief Positions. ___________________________________________ 19 Section 3. Transfer Requests. ________________________________________________ 19 Section 4. Special Assignments. ______________________________________________ 20 Section 5. Continuous Hourly Service. __________________________________________ 20 ARTICLE XIII - TRAINING COORDINATION _______________________________ 20 Section 1.Coordination ______________________________________________________ 20 ARTICLE XIV - PROMOTION ___________________________________________ 21 Section 1. Promotion Step Level. ______________________________________________ 21 Section 2. Promotion Process Information. ______________________________________ 21 ARTICLE XV - REDUCTION IN FORCE ___________________________________ 21 Section 1. Order of Reduction. ________________________________________________ 21 ARTICLE XVI - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY ______ 21 Section 1. In Case of Emergency ______________________________________________ 21 ARTICLE XVII - HEALTH BENEFITS _____________________________________ 22 Section 1. Maintenance of Levels _____________________________________________ 22 Section 2. Vision Care ______________________________________________________ 22 Section 3. PEMHCA Health Plan. _____________________________________________ 22 ARTICLE XVIII - DENTAL BENEFITS _____________________________________ 25 Section 1. Level of Benefits. __________________________________________________ 25 Section 2. Premiums. _______________________________________________________ 25 ARTICLE XIX - LIFE INSURANCE _______________________________________ 25 ARTICLE XX - RETIREMENT BENEFITS __________________________________ 26 Section 1. PERS Retirement Formula. __________________________________________ 26 Section 2. PERS Member Contribution. ________________________________________ 27 Section 3. Additional Employee PERS contributions _______________________________ 27 Section 4. Option 2 Death Benefit. _____________________________________________ 27 Section 5. Military Service Credit. _____________________________________________ 28 Section 6. 1959 Survivor Benefit. _____________________________________________ 28 Section 7. Employer Contributions to 457 Plan ___________________________________ 28 ARTICLE XXI - RETIREMENT MEDICAL PLAN_____________________________ 28 Section 1. Retiree medical coverage for Unit employees hired before January 1, 2004: ____ 28 4 Section 2. 20-Year Vesting for Retiree Medical Coverage for Unit Employees Hired On Or After January 1, 2004: ____________________________________________________ 28 ARTICLE XXII - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) ________ 29 Section 1. DCAP. __________________________________________________________ 29 ARTICLE XXIII - VACATION ACCRUAL __________________________________ 29 Section 1. Accrual Rate. _____________________________________________________ 29 Section 2. Unused At Termination. _____________________________________________ 30 Section 3. Limits. __________________________________________________________ 30 ARTICLE XXIV - USE OF VACATION ____________________________________ 30 Section 1. Maximum Number of Slots __________________________________________ 30 Section 2. Approvals. _______________________________________________________ 30 Section 3. Vacation Pay. ____________________________________________________ 30 Section 4. Illness on Vacation. ________________________________________________ 30 Section 5. When to be Taken. ________________________________________________ 30 Section 6. Limitation on Use. _________________________________________________ 31 Section 7. Waiting Period. ___________________________________________________ 31 Section 8. Double Compensation Prohibited. _____________________________________ 31 Section 9. Cash out Option. __________________________________________________ 31 ARTICLE XXV - SICK LEAVE ___________________________________________ 31 Section 1. Statement of Policy. _______________________________________________ 31 Section 2. Eligibility ________________________________________________________ 31 Section 3. Accrual. _________________________________________________________ 31 Section 4. Accumulation. ____________________________________________________ 31 Section 5. Use. ____________________________________________________________ 31 Section 6. Depletion of Sick Leave Benefits. _____________________________________ 32 Section 7. Forfeiture Upon Termination. ________________________________________ 32 Section 8. Payment for Accumulated Sick Leave. _________________________________ 32 Section 9. Personal Business Leave Chargeable to Sick Leave. ______________________ 32 Section 10. Return to Work or Continue Work With Limited Duty. _____________________ 33 ARTICLE XXVI - SUBPOENAS __________________________________________ 33 ARTICLE XXVII - WORKERS' COMPENSATION ____________________________ 33 Section 1. Status Reporting While on Disability. __________________________________ 33 ARTICLE XXVIII - PHYSICAL FITNESS MEDICAL EXAMINATIONS ____________ 33 ARTICLE XXIX- LEAVES OF ABSENCE WITHOUT PAY _____________________ 33 Section 1. Disability. ________________________________________________________ 33 Section 2. Other Leaves. ____________________________________________________ 34 5 Section 3. Accrued Vacation Credits. ___________________________________________ 34 Section 4. Approval of Department Head ________________________________________ 34 Section 5. Approval by City Manager. __________________________________________ 34 Section 6. Absence Without Leave. ____________________________________________ 34 Section 7. Leave of Absence; Death Outside the Immediate Family. __________________ 34 Section 8. Military Leave of Absence ___________________________________________ 34 Section 9. Use of paid accruals while on leave. ___________________________________ 34 ARTICLE XXX - LEAVES OF ABSENCE WITH PAY _________________________ 34 Section 1. City Manager Granted Leaves. _______________________________________ 34 Section 2. Council Granted Leave. _____________________________________________ 34 Section 3. Employee's Time Off to Vote. ________________________________________ 35 Section 4. Leaves of Absence; Death in Immediate Family. _________________________ 35 Section 5. Jury Duty; Leave of Absence. ________________________________________ 35 ARTICLE XXXI – VOLUNTEER LEAVE PROGRAM _________________________ 35 ARTICLE XXXII- TUITION REIMBURSEMENT _____________________________ 37 Section 1. Options. _________________________________________________________ 37 ARTICLE XXXIII - PER DIEM TRAVEL EXPENSES__________________________ 37 Section 1. City Business. ____________________________________________________ 37 ARTICLE XXXIV - HOUSE FUND ITEMS __________________________________ 37 Section 1. Station House Fund. _______________________________________________ 37 Section 2. Non-Food House Items _____________________________________________ 37 ARTICLE XXXV- PARKING ____________________________________________ 37 Section 1. Entitlements. _____________________________________________________ 37 ARTICLE XXXVI- GRIEVANCES ________________________________________ 37 Step II ___________________________________________________________________ 38 Step III __________________________________________________________________ 38 Step IV __________________________________________________________________ 39 ARTICLE XXXVII- SAFETY COMMITTEE _________________________________ 40 Section 1. Committee _______________________________________________________ 40 ARTICLE XXXVIII – MISCELLANEOUS ___________________________________ 40 Section 1. Section 1. Uniforms. _______________________________________________ 40 Section 2. Removal of Disciplinary Actions. ______________________________________ 40 ARTICLE XXXIX - FULL UNDERSTANDING _______________________________ 40 Section 1. Full and Entire Understanding ________________________________________ 40 Section 2. Fair Labor Standards Act. ___________________________________________ 41 Section 3. Severability. ______________________________________________________ 41 6 Section 4. Good Faith. ______________________________________________________ 41 Section 5. Merit System Rules and Regulations. __________________________________ 41 Section 6. Station Consolidation or Relocation ___________________________________ 41 Section 7. Meet and Confer. __________________________________________________ 41 ARTICLE XL – 48/96 Work Schedule ____________________________________ 41 ARTICLE XLI – FUTURE SERVICE DELIVERY MODELS _____________________ 41 ARTICLE XLII - DURATION ____________________________________________ 41
7 MEMORANDUM OF AGREEMENT
CITY OF PAL0 ALTO and I.A.F.F. LOCAL 1319
January 30, 2023 - June 30, 2025
PREAMBLE
This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as the "City", and Local 1319, International Association of Fire Fighters, hereinafter referred as the "Union", has been prepared and entered into in accordance with Title I, Division 4, Chap ter 10, Sections 3500- 3510 of the California Government Code and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. Recognition. The City recognizes the Union as the exclusive representative of an employee group consisting solely of the classifications of Fire Apparatus Operator, Fire Fighter, Fire Captain, Fire Captain (forty -hour assignment), Fire Inspector Sworn and Non- Sworn, Hazardous Materials Specialist , and Hazmat Inspector, who are regularly employed by the City and others as amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations.
ARTICLE II - NO DISCRIMINATION
Section 1. No Discrimination. The Union and the City hereby agree that there shall be no discrimination because of race, color, age, disability, sex, national origin, sexual orientation, political or religious affiliation under this Agreement. There shall be no discrimination in emplo yment conditions or treatment of employees on the basis of membership or non-membership in the Union, or participation in the lawful activities of the Union.
Section 2. Free Choice. The Union and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws.
Section 3. Human Relations Committee. A Human Relations Committee will include up to five members appointed by the Union executive board and at least two members of management with representation from the Fire and Human Resources Departments.
The committee may make recommendations to management regarding recruitment outreach, equal employment opportunity and career development programs.
ARTICLE III - PAYROLL DEDUCTIONS
8 Section 1. Payroll Deductions and Written Authorization. The City shall deduct Union membership dues assessments and insurances authorized by the Union. This will be accomplished by payroll deduction from the bi -weekly pay of member employees.
The dues deduction must be authorized in writing by the employee on a Union authorization card.
The Union will be the custodian of records for individual employee membership and dues deduction forms. The Union will maintain authorizations for dues deduction, signed by the individual from whose salary or wages the deduction or reduction is to be made. The City will direct employee requests to cancel or change deductions to the Union.
The City shall remit the deducted dues to the Union as soon as possible after deduction.
Section 2. Certification of Union Membership. The Union agrees to provide the City an initial certified list of members and statement that the Union has and will maintain written authorizations signed by the individuals from whose w ages the Union dues deductions are to be made. From that point forward the Union will update the list whenever there are changes.
Section 3. Indemnification. The Union shall indemnify and hold the City harmless against any liability arising from any claims, demands, or other action relating to this article. The Union shall comply with all statutory and legal requirements with respect to this article.
ARTICLE IV - UNION ACTIVITIES
Section 1. On-Duty Time. Local 1319 officers may use a reasonable amount of on- duty time to attend to Union business specifically related to representation of employees so long as:
a. Staffing is available
b. Operations are not interrupted
c. Advance approval is obtained from the Battalion Chief or Operations Chief
Section 2. Interoffice Mail, Bulletin Boards, and E-Mail. The Union shall have access to interoffice mail and existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership meetings, result of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Operations Chief or Fire Chief. Action on approval will be taken within 24 hours of submission.
The Union may send e- mail messages only for the purposes set forth above. The I.T.
Division will maintain the IAFF list. The Union access to e-mail is based on the following conditions:
a. E-Mails to the IAFF list will be copied to the Fire Chief or Operations Chief at distribution.
9 b. E-Mails to the IAFF list will only be sent by the Executive Board Members.
Section 3. Use of Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during non- working hours or as subject to Battalion Chief approval. Such meeting places will be made available in conformity with City regulations and subject to the limitations of prior commitment.
ARTICLE V - NO STRIKES
Section 1. No Strikes. The Union, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, leave of absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto or its citizens by employees covered under this Agreement. No employee shall refuse to cross any picket line in the conduct of Fire Department business, nor shall the Union, its representatives or members discriminate in any way toward any one who refuses to participate in a strike, or any of the job actions cited above.
ARTICLE VI - PROBATIONARY PERIOD
Section 1. Tentative and Subject to Probationary Period. All original appointments to regular or part -time municipal service positions shall be tentative and subject to a probationary period. TWith the exception of the Fir e Inspector (Non-Sworn) classification, this probationary period shall include the fire training academ ies and an additional fourteen (14) to sixteen ( 16) months after completion of the academ ies (including in-house academy), excluding time off for extended leaves of absence. The probationary period will end at the sooner of 16 months or the completion of all probationary testing, inclusive of driver II certification.
All original appointments to Fire Inspector ( Sworn or Non -Sworn) classifications shall serve a twelve (12) month probationary period, commencing with the first day of employment in the classification. Promotion from a non-sworn to a sworn position will be subject to the applicable Probationary Period.
Section 2. Part of Testing Process. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who, in the opinion of management, is not suitable to attain permanent status.
Section 3. Suspension or Termination. During the probationary period a new employee may be suspended or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. Said employee shall not have the right to proceed to arbitration on the issue of arbitrability or on the issue of its constitutional or discovery rights, nor those of any employee by reason of the 10 foregoing. The Union shall not be a party to any lawsuit relating to the termination of a probationary employee.
ARTICLE VII - SALARY PROVISIONS
Section 1. Base Wage Rates.
a. The base wage rates of bargaining unit classifications will be as set forth in Appendix A of this MOA.
b. General Salary Increase
Effective the first full pay period following July 1, 2025, the salary ranges of all represented classifications will be increased by three percent (3%).
Effective the first full pay period following July 1, 2026, the salary ranges of all represented classifications will be increased by three half percent (3%)
Effective the first full pay period following July 1, 2027, the salary ranges of all represented classifications will be increased by three percent (3%).
c. Market Increase:
Effective the first full pay period following July 1, 2026, the salary ranges of all represented classifications will be increased by three-fourths of one percent (0.75%).
Effective the first full pay period following July 1, 2027, the salary ranges of all represented classifications will be increased by three -fourths of one percent (0.75%).
Market Increase: Effective the first full pay period including the adoption of the MOA, the salary ranges of all represented classifications will receive a market adjustment of five percent (5.0%).Addition of Salary Step: Effective the first full pay period including adoption of this MOA by City Council, the City will implement a new step 6 (5% above Step 5) following the same percentage difference as steps 1-5. Any employee who is already at Step 5 on the date the City Council adopts the MOA will move to Step 6 effective the first full pay period following City Council adoption of the MOA. Any employee in the Firefighter classification who is already at Step 4 on the date the City Council adopts the MOA whichever is later will move to Step 5 effective the first full pay period following City Council adoption of the MOA. The employees moved to Step 5 pursuant to this paragraph will move to Step 6 upon one year of service at Step 5 so long as they receive a satisfactory 11 performance evaluation.
General Salary Increase: Effective the first full pay period following July 1, 2023, the salary ranges of all represented classifications will be increased by four percent (4.0%).General Salary Increase: Effective the first full pay period following July 1, 2024, the salary ranges of all represented classifications will be increased by four percent (4.0%).Market Adjustment Part 2: Effective the first full pay period following January 1, 2025, the salary ranges of all represented classifications will receive a market adjustment of two percent (2.0%).
Total Compensation and Survey Database
Management and the Union have agreed to a compensation survey database structure. Survey Cities include: Alameda, Berkeley, Fremont, Hayward, Menlo Park Fire District, Milpitas, Mountain View, Redwood City, Pleasanton, San Jose, San Mateo, San Ramon Fire District, Santa Clara, Santa Clara County and South San Francisco. Compensation Criteria includes: top step salary, maximum longevity, maximum education, uniform allowance, EMT differential, Hazmat differential, deferred compensation, employee pick up of employer pension costs (Negative EPMC), and maximum City paid benefits (medical, dental, vision, life insurance, LTD, and EAP).
The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers.
Section 2. Out -of-Class Compensation. All represented employees who are assigned work in a higher classification for longer than four (4) continuous hours will be compensated at a higher pay rate for all hours worked during the out -of-class assignment. This provision applies as follows:
Fire Fighter, Apparatus Operator, Captain or Inspector working in a higher classification: Step to step. Representation unit classification working as a Battalion Chief, 10% above 6th-Step Captain, but not to exceed 93% ofof the salary range of the Battalion Chief control point . Representation unit classification working in any other management position, within the range of the management position.
In accordance with Government Code 20480, an employee assigned to work in an “out- of-class appointment” may not exceed 960 hours worked in the appointment within a fiscal year if the employee is appointed to an upgraded position or higher classification that is vacant during recruitment for a permanent appointment. This limitation does not apply to a position that is temporarily available due to a leave of absence.
Section 3. Salary Steps
12 Employees in the Firefighter Rank initially appointed to the first step of the salary range of their classification shall be entitled to a merit increase to step two in the pay range upon successful completion of six (6) months of service, so long as they receive a satisfactory performance evaluation. The date of such increase shall be the first full pay period following the evaluation date.
Employees may be appointed to any step in the salary schedule for their classification as recommended by the Fire Chief and approved by the City Manager.
Employees appointed to the second step and above are eligible to receive a merit increase the first full pay period following successful completion of twelve (12) months of actual service, so long as they receive a satisfactory performance evaluation.
Employees in the Fire Inspector (Non-Sworn) classification shall be entitled to a step increase in the pay range upon successful completion of twelve (12) months of service, so long as they receive a satisfactory performance evaluation. The date of such increase shall be the first full pay period following the evaluation date.
Each twelve (12) months of actual service after the evaluation date, each employee receiving a satisfactory performance evaluation shall receive a merit step increase to the next higher step (effective the first full pay period following the evaluation date) until the top step of the pay range for the job class has been reached. An employee shall not receive a merit increase beyond the maximum steps established for the job classification.
Section 4. Pay for Court Appearance. Sworn Fire personnel appearing in court for the People shall be compensated as follows:
Period Rate Minimum
a. Appearance on scheduled day
off
Time and one-half at
40-hour rate
4 hours
b. Any or all court time
during scheduled shift
Straight time during
shift at 56-hour rate
None
c. Appearance on scheduled Time and one-half at 2 hours work day but not during
scheduled shift
40-hour rate (2 hour minimum, may
not run into shift time)
The employee shall remit all fees received for such appearances to the City within thirty 13 days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.
Section 4. Classifications. The sworn Haz Mat Inspector and positionsworn Fire Inspector classification will be paid at the same level as the Fire Inspector (603Fourt - hour Fire Captain).
One Fire Captain position will be assigned to a Fire Captain (Forty -hour Assignment) with the pay set at 5% above the Fire Captain.
ARTICLE VIII - PAY DIFFERENTIALS
Sworn Unit employees are eligible for the following pay differentials. Notwithstanding any provision of this agreement, eligible employees can receive up to two differentials in addition to the EMT and Paramedic Certification pay. total differential pay shall not exceed seventeen and a half percent (17.5%). Non-Sworn Fire Inspectors will not be eligible for the listed pay differentials.
Section 1. Paramedic Assignment
a. Section 1. Limit of Eligibility. The City reserves the right to limit eligibility for the Paramedic Program to the Fire Fighter classification. The City may, at its discretion, add other classifications within the represented bargaining unit to meet the need of program changes. Differen tials for other classifications will be as provided in Article VIII, Section 1this Article.
b. Section 2. Additional Candidate Training. As the Program progresses, Management will assess the need for training additional Paramedic candidates.
It is Management's intention to provide for such additional training as necessary for Program continuity.
c. Section 3. Incentives. Paramedics will receive a one-time cash payment of $500 for each biennial recertification. This provision applies only to active incumbents of authorized paramedic positions who remain in the paramedic assignment for at least one additional year after rec ertification. The one year requirement after recertification does not apply to those paramedics who may leave the program 14 because of work- related injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet special departmental needs for a period of less than one year.
d. Section 4. Proctoring. Paramedic proctoring assignments will be made by the Chief from among qualified volunteers. Payment of $600 will be made to the primary proctoring paramedic at the conclusion of each proctoring assignment.
The Chief or his or hertheir designee will maintain a list of qualified proctors from among volunteers. Personnel will be selected by the Fire Chief or his or her designee from the list to serve as paramedic proctors. If a conflict arises between the City and the Union regarding the Proctor Program, either side may suspend the program at the annual renewal period and shall remain suspended until a resolution or agreement is reached.
e. Section 5. Field Training Stipend. Employees assigned to provide field training for new paramedic accreditation will receive a $300 stipend to train a new paramedic or EMT to successful completion of paramedic accreditation. This assignment is at the discretion of the Chief or their designee.
e.f. Paramedic Differential.
Paramedics who have completed the required training and have been accredited in accordance with the program and possess their paramedic license, will receive a 14% differential in addition to their base salary effective beginning with the date of assignment to rotational Paramedic duty. The Paramedic salary differential will terminate with the cessation of assignment to rotational Paramedic duty. The base salary for Captain classification (including Hazmat Inspector and Fire Inspector) base salary will be increased 1% in alignment with this differential increase..
Section 24. Emergency Medical Technician DifferentialCertification.
The former 3% EMT differential pay was rolled into base pay constituting the City’s incentive payment for EMT skills. All employees hired into sworn positions must maintain a current EMT certification as a condition of employment. Employees, including Paramedics, shall receive a three percent (3%) differential in addition to their base salary for the EMT certification. The EMT differential will be provided the first pay period following graduation from an entry level academy or on date of hire where an academy is not required. In the event an employee’s EMT certification expires, the employee will be taken off the line and placed in an unpaid status until the employee can submit proof of EMT recertification.
Section 3. Bilingual Pay
Employees who have successfully demonstrated proficiency in any of the approved 15 languages shall receive a 5% premium in addition to their base salary.
a. Approved Languages:
Spanish, Chinese (Mandarin and Cantonese), Japanese, Tagalog, Korean, Vietnamese, Russian, American Sign Language, and such other languages as determined by management.
b. Proficiency Requirements
The City shall develop and provide a method of testing for proficiency in the above listed languages. The City will pay for the first test in any approved language however subsequent testing will be at the employee’s own expense. An employee must pass the proficiency test to maintain the bilingual pay. The Fire Chief shall have the authority to require employees receiving bilingual pay to re-certify with the Human Resources Department as necessary and reasonable.
c. Arbitratability
The City’s substantive evaluation of an employee’s knowledge of and skills in a designated second language shall not be subject to the grievance procedure or review by an arbitrator.
Section 4. Special Operations Differential Assignment (formerly Haz Mat) A maximum of eighteen positions who are both members of the Special Operations group and assigned the Special Operations , inclusive of Technical Rescue and Hazardous Materials certified personnel, team will receive a 5% differential in addition to their base salary. The differential does not apply to minimum staffing replacements.
Section 5. Fire Investigator Differential.
A maximum of five six (65) Fire inspector personnel including Haz Mat Inspectors who have been trained as Fire investigators and who are regularly assigned to fire investigation duties by the Chief will receive a 5% differential in addition to their base salary. The Chief reserves the right to determine who is regularly assigned to such duties.
Section 6. Education Incentive
Employees who have successfully achieved the education and training required for the Career Development program will receive either:
Tier 1: 2.5% differential in addition to base salary
OR
Tier 2: 5% differential in addition to base salary
16 a. Tier 1: An employee shall be eligible for Tier 1 incentive upon completion of 300 hours of Fire Chief approved job-related coursework.
1. Tier 1 will begin the first full pay period including July 1, 2026.
2. Employees must successfully pass probation in order to become eligible. b. Tier 2: An employee shall be eligible for tier 2 incentive upon completion of 600 hours of Fire Chief approved job-related coursework.
1. Tier 2 will begin the first full pay period including July 1, 2027.
2. Employees must successfully obtain step 4 of the salary schedule in order to become eligible.
c. Conditions of Job-related coursework
1. An Associate’s degree from an accredited college or university in public safety field shall count toward 150 hours of job related coursework. A Bachelor’s degree or higher accredited college or university shall count toward 300 hours of job related coursework.
2. Job related coursework completed to hold EMT or Paramedic licensure in this Article will not be eligible to count toward Tier 1 or Tier 2 required job- related coursework.
3. On duty City provided job-related classes will not be eligible.
4. Under no circumstances may duplicative coursework be submitted. d. All education and training completed under this Program must be actively utilized in the course of the employee’s assigned duties.
e. A minimum of 32 hours of Fire Chief approved job-related coursework is required every other calendar year in order to maintain the education incentive. f. The employee is responsible for submitting appropriate official transcripts, certificates, and proof of course completion demonstrating completion of all qualifying components. No incentive shall be granted without verified documentation.
g. Incentive pay shall begin the first full pay period after approval by the Fire Chief or designee of require documentation.
h. The Fire Chief or designee, shall make final determinations regarding course approval, applicability of training, and eligibility for incentive payment. A joint labor-management committee shall meet as needed to discuss the program.
ARTICLE IX - HOLIDAYS
Section 1. Named Holidays.
Holiday pay is compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduling staff without regard to holidays. The following holidays are recognized as municipal holidays for pay purposes, and regular, employees shall have these days off with pay, except as otherwise provided in these rules:
17 January 1 Veterans’ Day, November 11
Third Monday in January Thanksgiving Day
Third Monday in February Day after Thanksgiving Day
Last Monday in May December 25
July 4th Either December 24, or December 31 as provided below First Monday in September
Second Monday in October
Floating Holiday: In addition to the paid holidays listed above, employees shall be excused with pay for one full work shift as a day of reflection (floating holiday) per calendar year. Eligible employees may use the floating holiday on any day mutually agreed by the employee and their supervisor for a Day of Reflection, including:
Juneteenth Freedom Day (June 19) or Cesar Chavez/Dolores Huerta Day (March 31).
Day of Reflection not used by the end of the fiscal year will be deemed forfeited and have no cash value.
161.5 hours are paid annually to an employee at a rate of 6.21 hours each pay period. Shift personnel shall receive pay in lieu of taking paid leave for accrued holidays. Such paid hours are in addition to the normal biweekly base pay. Shift personnel will be paid 6.21 hours of in lieu of holiday pay each pay period. Hours are prorated and accrued based on hours actually worked.
Accrued Holiday balances will be automatically paid off in the months of June and December.
Section 2. Conditions.
a. Personnel assigned to a 40- hour work schedule will receive paid holidays in accordance with Sections 517 and 518 of the Merit System Rules and Regulations.
b. Personnel assigned to a 40-hour work schedule will receive floating days off with pay in each of the following months: August, September, March, April, and June.
The following conditions will hold:
(1) Management will designate the schedule of the paid day off under this section at least thirty days in advance.
(2) If, in conformance with this section, Management is unable to schedule a day off in the month indicated for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee's 18 vacation accrual.
(3) If an employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited.
ARTICLE X - OVERTIME COMPENSATION
Section 1. Compensation. Shift personnel assigned to overtime relief duty in addition to their regular 56-hour shift schedule shall receive overtime compensation at a rate of one and one -half times the employee's basic 56- hour rate, or out -of-class rate if such applies, for all hours of the relief duty shift. Required off-duty training, excluding remedial training, will be compensated at the rate of one and one- half times the basic 40- hour rate or as otherwise agreed. If an opportunity was provided to allow for the required training to be on duty, but the employee was unable to attend, the training scheduled for off duty will not be eligible for the 40-hour rate. Emergency callback will be compensated at a rate of one and one- half times the basic 40-hour rate to a maximum of 8 hours, and at a rate of one and one-half times the basic 56-hour rate for those hours in excess of 8 hours.
Overtime duty assignments will first be made from the voluntary overtime list. If such assignments cannot be filled from the voluntary overtime list, the vacant position will be filled by moving up on- shift personnel through out -of class assignment. Any re maining vacancy will then be filled by overtime duty assignment made in reverse order of hire date seniority according to specialty and qualifications required to be assigned. The overtime duty assignment seniority list will be adjusted annually on October 31.
ARTICLE XI - APPARATUS STAFFING
Engine, truck and combination rescue companies shall be deployed for emergency services purposes at the level of one Fire Captain, one Fire Apparatus Operator and one Fire Fighter. Truck companies have the option of deploying at the level of two Fire Apparatus Operators instead of one Fire Apparatus Operator and one Firefighter. This option shall be determined by seniority. Paramedic ambulance staffing shall be two personnel; the City will dispatch personnel on Emergency Medical Service calls such that a mi nimum of 1 licensed paramedic responds. The Foothill Fire Station #8, when activated by the Fire Chief, shall be staffed with a minimum of one Fire Apparatus Operator and one Fire Fighter. City may dispatch a two-person apparatus (ex: squad or quick response vehicle) with a minimum of 1 paramedic.
ARTICLE XII - WORK ASSIGNMENTS AND TRANSFERS
It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments and transfers will reflect the best interests of the Fire Department and the City. The Fire 19 Department will maintain a constant state of readiness to defend against fire and other disasters. It is therefore imperative that all Fire Department divisions assign personnel in the best manner to respond to the needs of the City and the Department. It is also acknowledged that the Fire Chief is responsible to make and/or approve the work assignments or transfers of Fire Department personnel.
The Fire Chief or designee will maintain a three year station and shift assignment, seniority-based bid system covering the following classifications within Fire Operations on a rotational basis: Fire Captain, Apparatus Operator and Fire Fighter.
The Fire Chief, or his designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill permanent or temporary vacancies and provide required training to individual personnel. Such assignments will be based on seni ority, except where career development, training, special assignments, skills and documented performance issues are specifically identified in writing, management may make assignments based on such issues. For purposes of this article, seniority shall be computed from the date of entry into the current classification.
Section 1. Shipouts. When possible, least senior Fire Fighters will be given short term or shipout relief duty. In order to maintain training continuity, shipouts of probationary personnel will be subject to the approval of the Fire Chief or their designee.
Section 2. Vacation Relief Positions. In order that platoon strengths can be balanced more quickly and to reduce the need for excess overtime, two positions will be designated for vacation relief. These positions will be the lowest two on the Department seniority list who have completed their probationary period.
a. The vacation relief persons will be assigned to one station when not on relief assignment.
b. Relief assignment can be made to any Station or shift where a shortage of personnel will cause unnecessary overtime.
c. Shortages may be caused by vacation, sick leave, disability or any leave of absence that causes a shift to be short of personnel while another has a surplus.
d. Shift transfers will be made so as not to cause the relief person to work more than the prescribed number of hours in the prescribed period.
e. Relief assignments will be made and hours will be coordinated by the Battalion Chief's office.
Section 3. Transfer Requests. Non-probationary fire personnel may submit transfer requests to their immediate supervisor to be forwarded to the appropriate chief officer.
Providing that Departmental needs are satisfied, such transfers will be administered using first a mutually agreeable exchange, secondly seniority.
20 The transfer requests shall remain on file during the year and may be granted when a vacancy occurs, providing the requesting employee possesses the experience and performance ability required to fill the vacancy.
Section 4. Special Assignments. Management reserves the right to assign personnel to career development opportunities, special projects, seminars, programs and selected educational and/or training courses, based on Fire Department needs and the performance of the employee.
Section 5. Continuous Hourly Service. Continuous hours of service in excess of 96 hours are subject to approval by the Fire Chief or designee. Approval may be granted up to 120 hours when an employee has not been engaged in a greater than usual level of activity or is not fatigued.
ARTICLE XIII - TRAINING COORDINATION
Section 1.Coordination. Three shift employees per platoon may be assigned to assist the Training Officer in the coordination, preparation and scheduling of the training program. It is agreed that volunteers will first be sought for such assignment, and further agreed that the details of this section shall be established by mutual agreement between the Fire Chief and the Union.
ARTICLE XIV - PARAMEDIC ASSIGNMENT
Section 1. Limit of Eligibility. The City reserves the right to limit eligibility for the Paramedic Program to the Fire Fighter classification. The City may, at its discretion, add other classifications within the represented bargaining unit to meet the need of program changes. Differentials for other classifications will be as provided in Article VIII, Section
1. Section 2. Additional Candidate Training. As the Program progresses, Management will assess the need for training additional Paramedic candidates. It is Management's intention to provide for such additional training as necessary for Program continuity.
Section 3. Incentives. Paramedics will receive a one- time cash payment of $500 for each biennial recertification. This provision applies only to active incumbents of authorized paramedic positions who remain in the paramedic assignment for at least one additional year after recertification. The one year requirement after recertification does not apply to those paramedics who may leave the program because of work - related injury or illness , or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet 21 special departmental needs for a period of less than one year.
Section 4. Proctoring. Paramedic proctoring assignments will be made by the Chief from among qualified volunteers. Payment of $600 will be made to the primary proctoring paramedic at the conclusion of each proctoring assignment.
The Chief or his or her designee will maintain a list of qualified proctors from among volunteers. Personnel will be selected by the Fire Chief or his or her designee from the list to serve as paramedic proctors. If a conflict arises between the City and t he Union regarding the Proctor Program, either side may suspend the program at the annual renewal period and shall remain suspended until a resolution or agreement is reached.
Section 5. Field Training Stipend. Employees assigned to provide field training for new paramedic accreditation will receive a $300 stipend to train a new paramedic or EMT to successful completion of paramedic accreditation. This assignment is at the discretion of the Chief or their designee.
ARTICLE XIV - PROMOTION
Section 1. Promotion Step Level. All regular promotions from classifications within the representation unit to the classification of Fire Captain will be made at the sixth step on the salary range.
Section 2. Promotion Process Information. For promotions to positions within the representation unit, promotion process information will be available in the Human Resources Department office at the time of posting. Information will include applications, minimum qualifications, study material reference information, if appropriate, and information on passing scores. Any changes in an established testing process must be submitted in writing to the Union for review and input no fewer than 60 days prior to the beginning of the process.
ARTICLE XVI - REDUCTION IN FORCE
Section 1. Order of Reduction. If the work force is reduced (reduction in force) within a represented classification, unit employees having the shortest length of service with the Fire Department will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work.
ARTICLE XVII - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY
Section 1. In Case of Emergency Management may use selective call back with regard to residency in cases of emergency.
22 ARTICLE XVIII - HEALTH BENEFITS
Section 1. Maintenance of Levels Except as otherwise set forth herein, the City will maintain the present level of benefits on all City-sponsored medical programs.
Section 2. Vision Care
a) Level of Benefits: The City offers vision care coverage for employees and dependents.The City provides a base vision plan for all eligible employees and dependents. Additionally, eligible employees will have the option to enroll in a vision “buy-up” plan. Coverage is equivalent to $20 Deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Dependents include domestic partners, as defined under Article XX Section 3(b). a)b) Premiums: The City shall pay all premium payments on behalf of employees and dependents who are eligible and enrolled in coverage under the base vision plan. Employees will be responsible for premium payments required to enroll in the “buy up” vision plan.
Section 3. PEMHCA Health Plan.
a. ACTIVE EMPLOYEES: During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan:
Effective July 1, 2025, the City will increase its maximum contribution to the following:
Medical Category Premium Total Maximum City Contribution (inclusive of PEMHCA contribution*)
effective July 1, 2025
Employee Only
Employee plus one
Employee Family
$943.00
$1,885.00
$2,444.00
Effective January 1, 2027, the City will increase its maximum contribution to medical premiums by the following percentages:
• Employee only: 2%
• Employee plus one: 3%
• Employee family: 5%
23 Medical Category Premium Total Maximum City Contribution (inclusive of PEMHCA contribution*)
effective January 1, 2027
Employee Only
Employee plus one
Employee Family
$962.00
$1,942.00
$2,566.00
Effective January 1, 2028, the City will increase its maximum contribution to medical premiums by four percent (4%).
Medical Category Premium Total Maximum City Contribution (inclusive of PEMHCA contribution*)
effective January 1, 2028
Employee Only
Employee plus one
Employee Family
$1,000.00
$2,020.00
$2,669.00
The City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work.
* Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the Total Maximum City Contribution described above.
If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change.
b. Flexible Compensation:
Effective the first pay period including Council adoption of the MOU January 28, 24 2023, in lieu of additional increases to the City’s medical premiums, hourly wages for all bargaining unit classifications will werebe increased by $100 per month ($1200 per year). Employees can utilize this cash payment for any purpose, including to cover health insurance premiums or contribute to flexible spending accounts/457 deferred compensation plans. Effective the first full pay period of January 2024, hourly wages for all bargaining unit classifications will were be increased by an additional $100 per month.
c. Active employee domestic partners whose domestic partnership is registered with the State of California may add their domestic partner as a dependent to their elected health plan coverage if the domestic partner is registered with the Secretary of State.
Active employee domestic partners whose domestic partnership is not registered with the State but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for reimbursement of the actual monthly premium cost of an individual health plan, not to exceed 90% of the average monthly premium cost of individual coverage under the PEMHCA health plans in 2016. Effective with the first pay period including Januar y 1, 2017, a stipend of two hundred eighty four ($284) per month toward the cost of an individual health plan will be provided. Evidence of premium payment will be required with request for reimbursement.
d. Alternate Medical Benefit Program.
If a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any non- City of Palo Alto sponsored or association medical plan, the employee may choose to waive his/her right to the City of Palo Alto’s medical insurance coverage and receive cash payments in the amount of two hundred and eighty four dollars ($284) for each month City coverage is waived.
Examples of waivers eligible for this payment are:
• Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage.
Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage.
25 Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law.
Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status.
e. Dual Coverage.
When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered only by one spouse.
ARTICLE XVIIIIX - DENTAL BENEFITS
Section 1. Level of Benefits. The City will maintain the present level of benefits on the City- sponsored dental program. The City provides a base dental plan for all eligible employees and dependents. Additionally, eligible employees will have the option to enroll in a dental “buy-up” plan.
Maximum benefits per calendar year shall be $2,000.
Section 2. Premiums. The City shall pay all premium payments or equivalent self - insured program charges on behalf of employees and dependents who are eligible and enrolled for coverage under the existing base dental plan. Dependents will include domestic partners, as defined under Article XX, Section 3(b). Employees will be responsible for premium payments required to enroll in the “buy up” dental plan.
Section 3. Orthodontia Benefit Maximum. The City will provide a 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents.
ARTICLE XIX - LIFE INSURANCE
Section 1. Premiums. The City currently pays the following amounts of premium on behalf of Fire personnel:
Per Pay Period Per Month (Approx.)
Basic Life Insurance and
Basic ADD $.085 $ .185
(per $1,000 of coverage)
26 The City will provide employees with Basic and Supplemental life insurance plans.
The basic life insurance provided by the City shall equalThe City shall pay the premium for basic life insurance coverage equal to one times the employee’s base monthly salary multiplied by twelve.annual salary. Employees will have the option of enrolling in supplemental life insurance by paying the premiums required to enroll in the plan.
ARTICLE XXI - RETIREMENT BENEFITS
Section 1. PERS Retirement Formula.
Safety Pension Group A: 3%@50 Safety Retirement
The City will continue the present benefits under the Public Employees' Retirement System (PERS) "3 percent at 50 (3%@50)" formula for employees hired before the effective date of the “3 percent at 55” (3%@55) formula for new hires as described herein. The final year compensation for employees hired under the 3% at 50 formula will continue to be “Single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one -year period otherwise designated by the member (Government Code section 20042).
Safety Pension Group B: 3%@55 Safety Retirement
Effective December 7, 2012, the City amended its contract with CalPERS to provide employees hired on or after that date who are not “new members” of CalPERS, as defined in the Public Employees’ Pension Reform Act (ofte n referred to as “classic” CalPERS members) with the CalPERS retirement formula three percent of final salary at age 55 (“3%@55”), with the final salary determination for such employees of “3 highest consecutive years” based on the highest average annual compensation earnable by the member du ring three (3) consecutive years of employment immediately preceding retirement or the three -year period otherwise designated by the member (Government Code section 20037).
Safety Pension Group C: 2.7% at Age 57 Safety Retirement Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two point seven percent at age 57 (2.7%@57) retirement formula with a three year final compensation period.
Miscellaneous Pension Formulas:
a. Miscellaneous Pension Group A: 2.7% at 55. The City provides retirement benefits under the California Public Employees Retirement System at the level of
2.7% at age 55 for employees hired before July 17, 2010, with a one year final compensation period.
b. Miscellaneous Pension Group B: 2% at 60:For miscellaneous employees hired 27 on or after July 17, 2010, and before January 1, 2013, and employees hired on or after January 1, 2013 who are not “new members” of CalPERS as defined in the Public Employees’ Pension Reform Act (often referred to as “Classic” CalPERS members)the City offers the CalPERS retirement formula two percent (2.0%) of final salary at age sixty (60), with a one (1) year final compensation period.
a.c. Miscellaneous Pension Group C: 2% at 62. Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three (3) year final compensation period.
Section 2. PERS Member Contribution.
a. Employees in all represented classes in Pension Groups A and B described above will make the 9% PERS member contributions by payroll deduction.
b. Employees in all represented classes in Pension Group C described above shall pay the employee contribution required by the Public Employees’ Pension Reform Act, currently calculated at fifty percent (50%) of the normal cost.
c. When employees pay their PERS Member Contribution pursuant to section 3a and 3b above, the City will provide for member contributions to be made as allowed under provisions of IRS Code Section 414(h)(2).
Section 3. Additional Employee PERS contributions
In addition to the PERS member contribution as required under section 2. a, b and c above, all employees in pension groups a, b and c shall contribute the additional following contributions:
a. In addition to the Member Contribution required per CalPERS 20516 contract amendment all employees regardless of pension formula in this unit shall pay 3% towards the Employer share of Pension.
b. Effective the first full pay period following July 1, 2020, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the employer share of Pension for a total of 4%.
Section 4. Option 2 Death Benefit. The City provides the Pre -Retirement Option Settlement 2 Death Benefit. The Pre- Retirement Optional Settlement 2 Death Benefit provides the spouse of a deceased member, who was eligible to retire for service at the time of death, with an alternate option to the lump sum Basic Death Benefit whereby the 28 surviving spouse can elect a monthly allowance equal to the amount the member would receive if he/she had retired from service on the date of death and elected Optional Settlement 2 (the highest monthly allowance a member can leave a spouse).
Section 5. Military Service Credit. The City will provide the Public Employees’ Retirement System benefit known as “Section 20930.3, Military Service Credit as Public Service.”
Section 6. 1959 Survivor Benefit.
The City will continue to provide the basic level of 1959 PERS Survivor Benefit to eligible employees in accordance with Government Code section 21571.
Section 7. Employer Contributions to 457 Plan
Effective the first full pay period following July 1, 2020, the City will contribute the equivalent of 1% of the employee’s pensionable salary into the 457 plan.
Eligibility:
a. Employees must be enrolled in an eligible City sponsored 457 plan b. Employees who reach the maximum as defined by the IRS will not receive additional contributions
c. Employee must be making PERS contributions
ARTICLE XXII - RETIREMENT MEDICAL PLAN
Section 1. Retiree medical coverage for Unit employees hired before January 1, 2004:
Monthly City-paid premium contributions for a retiree- selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees that retire on or before December 31, 2006. Effective January 1, 2007 for an employee retiring on or after that date the City will pay up to the monthly medical premium for the 2
nd most expensive plan offered to IAFF employees among the existing array of plans. However, the City contribution for an employee hired before January 1, 2004 who retires on or after December 1, 2011 shall be the same contribution amount it makes for active City employees.
Effective upon ratification and adoption of this AgreementStarting June 1, 2016 through August 31, 2016, the City shall provided active unit employees who were hired before January 1, 2004 with a one-time opportunity to opt-in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adopti on of this Agreement.
Section 2. 20-Year Vesting for Retiree Medical Coverage for Unit Employees 29 Hired On Or After January 1, 2004:
The retiree health benefit provided in California Government Code section 22893 shall apply to all employees hired on or after January 1, 2004. Under this law, an employee is eligible to receive Fifty (50) percent of benefit after ten (10) years; each additional service credit year after Ten (10) years will increase employer credit by Five (5%) percent until Twenty (20) years is reached at which time employee is eligible for One Hundred (100%) percent of annuitant-only coverage and Ninety (90%) percent of the additional premium for dependents.
ARTICLE XXIIV - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) Section 1. DCAP. The City will provide a dependent care assistance program for employees subject to the provisions of applicable law. The program will remain in effect subject to a reasonable minimum participation level and availability of third party administrative services at a reasonable cost. Disputes regarding the administration of the plan shall be subject to the dispute resolution procedure provided by the plan document.
Section 2. HCFSA. The City will provide healthcare flexible spending program for employees subject to the provision of applicable law. Disputes regarding the administration of the plan shall be subject to the dispute resolution procedure provided by the plan document.
The HCFSA program will be available to employees effective January l, 2026, and remain in effect subject to a reasonable minimum participation level and availability of third-party administrative services at a reasonable cost.
ARTICLE XXIIIV - VACATION ACCRUAL
Section 1. Accrual Rate. All eligible fire suppression persons shall accrue vacation at the following rate for continuous service performed in a pay status. Non- shift representation unit employees shall accrue the 40- hour equivalent --one shift equals sixteen hours.
a. For employees completing less than four years continuous service, the accrual rate shall be five duty shifts per year.
b. For employees completing four but not more than nine years continuous service, the accrual rate shall be eight duty shifts per year.
c. For employees completing nine but not more than 14 years continuous service, the accrual rate shall be 10 duty shifts per year.
d. For employees completing 14 but less than 19 years continuous service, the accrual rate shall be 11 duty shifts per year.
e. For employees completing 19 or more years continuous service, the accrual rate shall be 12 duty shifts per year.
30 At the time of initial appointment to the City, the City may credit an employee for prior years of public service in a city, county, special district, state or federal government agency, up to a maximum of four (4) years of service. The City Manager or designee shall identify the number of years for which the employee will receive credit (up to the four (4) year maximum).
Section 2. Unused At Termination. Represented employees who fail to use all vacation as accrued may continue the accrual balance and be entitled to all accrued but unused vacation upon termination, except as limited below.
Section 3. Limits. Vacation accrual balances shall be limited to three times the annual accrual rate. Accrual credit beyond this limit shall not be recognized or compensated, except that for employees of record as of January 1, 1984 who have vacation excess on a one-time basis shall be set aside (banked) to be subsequently used as vacation or paid at termination. No additions may be made to the bank. The bank is established only to facilitate changeover from unlimited to three times annual accrual rate lim itation on vacation accrual as herein provided.
ARTICLE XXIV - USE OF VACATION
Section 1. Maximum Number of Slots. The maximum number of vacation scheduling slots for representation unit suppression employees is four (4) per platoon on a year- round basis. During the term of the contract, parties agree to meet to discuss the impact of the number of vacation slots per day on daily staffing.
Section 2. Approvals. Vacation scheduling must be approved by the Battalion Chief or Fire Chief. The minimum is twelve (12) hours or more for suppression employees.
Advance vacation schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m.
Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the Finance Department at least two weeks prior to his/her vacation date. The employee's supervisor must verify vacation date on the request.
Section 4. Illness on Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave.
Section 5. When to be Taken. The time at which an employee may use accrued vacation leave and the amount to be taken at any one time shall be determined by the Chief with particular regard for the needs of the City, but insofar as possible, considering 31 the wishes of the employee.
Section 6. Limitation on Use. Employees may not use more than three times their annual rate of accrual in any calendar year period provided, however, that the Chief may grant exceptions to this limitation.
Section 7. Waiting Period. Employees shall complete six months continuous service before using accrued vacation leave.
Section 8. Double Compensation Prohibited. Employees shall not work for the City during their vacation.
Section 9. Cash out Option.
Once each calendar year an employee may cash out eight (8) or more hours of vacation accrual in excess of eighty (80) hours to a maximum of one hundred twenty (120) hours; PROVIDED, that the employee has taken eighty (80) hours of vacation off with pay in the previous twelve (12) months.
ARTICLE XXVI - SICK LEAVE
Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Section 9. Up to six (6) days (72 shift hours for suppression personnel) S sick leave per year may be used for illness in the immediate family (wife, husband, child, parent, parent- in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee.)
Section 2. Eligibility. Regular employees shall be eligible to accrue and use sick leave.
Section 3. Accrual. Sick leave shall be accrued bi-weekly, provided the employee has been in a pay status for 50 percent or more of a bi -weekly pay period. Sick leave shall be accrued at the rate of six shifts per year.
Section 4. Accumulation. Accumulated sick leave may be accrued without limit, except as provided in Section 8 below.
Section 5. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty -eight (48) hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination.
An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long- term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long- 32 term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits.
Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence.
When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within 60 minutes prior to his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Such reports may be subject to written documentation. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant.
Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under long- term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding s ixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated.
Section 7. Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Section
8. In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice.
Section 8. Payment for Accumulated Sick Leave. Eligible employees (those hired before December 31, 1983) who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service, shall receive compensation for unused sick leave hours in a sum equal to two and one- half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event of termination due to disability.
For new employees hired after December 31, 1983, sick leave accrual accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at termination for any reason.
Section 9. Personal Business Leave Chargeable to Sick Leave. It is agreed between the parties that all shift personnel represented by the Union shall have the right to charge up to forty-eight (48) hours personal business leave per year to sick leave, and that all non-shift personnel shall have the right to charge up to twenty (20) hours personal 33 business leave per year to sick leave. Such personal business leave shall be allowed only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. "Staffing available" means at or above minimum staffing levels as defined in Article XII.
Section 10. Return to Work or Continue Work With Limited Duty. In cases of non- work-related injury, illness or pregnancy an employee, upon approval of the Fire Chief and the City Safety Officer, may return to work or continue work with doctor -approved limited duty. Approval for such limited duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations.
Shift employees must be willing to accept any non- shift limited duty schedule work location and may be subject to the reasonable availability of limited duty assignments.
The City doctor may be consulted in determining work limitations.
ARTICLE XXVII - SUBPOENAS
Employees required to answer subpoenas as a witness for the City of Palo Alto or for a plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits for work time lost to answer depositions or to appear in court.
ARTICLE XXVIII - WORKERS' COMPENSATION
Section 1. Status Reporting While on Disability. Persons on disability will be required to appear or otherwise report at regular two-week intervals to the Fire Chief or designate to discuss his/her status of medical treatment therapy and physical condition. This section is not meant to unreasonably rest rict employee's activities so long as such activities are cleared by the treating physician, treating program or alternative treatment program is maintained and employee is available for full or restricted duty as soon as medical clearance can be received.
ARTICLE XXVIIIX - PHYSICAL FITNESS MEDICAL EXAMINATIONS
Physical fitness medical examinations for all represented employees may include chest x-rays every three years unless otherwise directed by a physician, eye examination and hearing examination.
ARTICLE XXIX- LEAVES OF ABSENCE WITHOUT PAY
Section 1. Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability.
Leaves of absence for disability are subject to physician's verification including diagnosis and medical work restriction.
34 Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interest of the City. Non- disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum.
Section 3. Accrued Vacation Credits. During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective.
Section 4. Approval of Department Head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case.
Section 5. Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration.
Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment.
Section 7. Leave of Absence; Death Outside the Immediate Family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 2 and Section 4.
Section 8. Military Leave of Absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence.
Section 9. Use of paid accruals while on leave. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require the employee to use accrued vacation paid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective.
ARTICLE XXXI - LEAVES OF ABSENCE WITH PAY
Section 1. City Manager Granted Leaves. The City Manager may grant a regular employee under his control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he deems adequate and in the best interest of the City.
Section 2. Council Granted Leave. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council 35 considers adequate and in the best interest of the City.
Section 3. Employee's Time Off to Vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code.
Section 4. Leaves of Absence; Death in Immediate Family. Leave of absence with pay of one shift with provision for approval of one additional shift for travel outside the area may be granted an employee by the Chief in the event of death in the employee's immediate family, which is defined for purposes of this s ection as wife, husband, son, son-in-law, daughter, daughter -in-law, father, mother, brother, brother -in-law, sister, sister-in-law, mother-in-law, father-in-law, grandfather, grandfather-in-law, grandmother, grandmother-in-law, uncle, aunt, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of two shifts shall be subject to the approval of the City Manager.
Section 5. Jury Duty; Leave of Absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence al lowances within thirty days from the termination of his or her jury service.
ARTICLE XXXII – VOLUNTEER LEAVE PROGRAM
The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide members of Local 1319 International Association of Fire Fighters (IAFF) employees the opportunity to donate their accrued vacation time to assist fellow members of IAFF either due to: (a) an employee’s own verifiable non- industrial catastrophic illness or injury (as defined herein) or (b) in order to care for a member of the employee’s immediate family (spouse, child, parent or registered domestic partner suffering from a verifiable catastrophic illness or injury) and have exhausted or will presently exhaust all of their paid leave.
In order to be eligible to receive donated leave, an employee must have a catastrophic illness or injury or an employee’s immediate family member must have a catastrophic illness or injury that requires the employee to provide full -time care for this family member. Care will be taken to emphasize the voluntary nature of the plan and to insure confidentiality of employee participants and medical conditions (where applicable).
A Firefighter Voluntary Leave Sharing Program has been established to accept donations of vacation in accordance with the Program’s guidelines. All donations shall be:
1. Voluntary
36 2. Irrevocable
3. Confidential, unless disclosure is required by law
4. In whole hour increments of at least four (4) hours, with the hours donated being converted to donee hours based on the donee’s salary rate (so that there will be no cost to the City due to salary differential).
5. The employee shall be required to exhaust all other types of leave to request donated leave
6. It is understood that employees seeking or receiving leave under this program will apply for long-term disability benefits for which they may be eligible
7. Where any of the period during which an employee receives donated leave is designated as family leave under the California Family Rights Act (CFRA/Family Medical Leave Act (FMLA), the employee will be eligible for continuation of medical and other available benefits during that the family leave period (for up to 12 weeks), in accordance with the requirements of those laws. If the employee receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or after the employee has exhausted the avai lable CFRA/FMLA leave period, the employee will need to pay the premiums for continued medical and other available benefits if the employee chooses to continue such coverages through the City
8. If the donation request is based on the need for an employee to care for an immediate family member, as defined above, the family member must require full- time care by the employee. Certification of this requirement by a health care professional is required
9. The maximum donated time a donee may receive is 12 months (if available).
10. Applications to donate leave or receive leave under this Program are made to the Human Resources Department
11. This is a pilot program and is subject to cancellation by either party
IAFF members interested in donating leave or in applying to receive donated leave shall complete forms provided by the Human Resources Department. If an applicant for leave is found to meet the criteria set forth herein, Human Resources will determine th e availability of and (as applicable) allocation of donated paid leave. Payroll will be notified in writing of the number of hours to be deducted from each donating employee’s vacation balance and transferred to the donee employee(s).
The City reserves the right to modify or terminate this program at any time.
Catastrophic Illness or Injury (also referred to as “medical emergency” in Revenue Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non- occupational medical condition of an employee that will require the prolonged absence of the employee from duty and which will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the Voluntary Employee Leave sharing Program. Non- disability postpartum leave as referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury under this Policy.
37 ARTICLE XXXIII- TUITION REIMBURSEMENT
Section 1. Options.
Effective July 1, 2004 the tuition reimbursement program was amended to provide each employee the option of receiving the $1,000 as taxable cash or as a contribution to deferred compensation. The tuition reimbursement program will be eliminated effective July 1, 2012 with no further payouts starting in FY 12-13 and on-going.
ARTICLE XXXIIIV - PER DIEM TRAVEL EXPENSES
Section 1. City Business. Unless other mutually agreeable arrangements are made, representation unit employees who are required to travel away from the City on City business will receive travel expenses, according to City policies which are currently in effect.
ARTICLE XXXIV - HOUSE FUND ITEMS
Section 1. Station House Fund. The station house fund per year, per shift employee shall be $100.00.
Section 2. Non-Food House Items. The City agrees to furnish and maintain each fire station with non- food house fund items: TV purchase and repair. Kitchen cooking utensils, small kitchen appliances and other specific items to be determined by mutual agreement of the parties will be purc hased from the station house fund. The Fire Fighters agree to maintain the voter registration program.
ARTICLE XXXVI - PARKING
Section 1. Entitlements. Employees in represented classes assigned to Civic Center or adjacent work locations shall be entitled to free parking in the Civic Center Garage, or a commute incentive which will be subject to meet and confer. Employees hired after July 1, 1994, may initially receive a parking permit for another downtown lot, subject to availability of space at the Civic Center Garage. Light duty employees assigned to the Civic Center will receive Civic Center parking temporary permits for the duration of the light duty assignment.
ARTICLE XXXVII- GRIEVANCES
The City and the Union agree to establish a grievance procedure as follows:
1. Definition: A grievance is any complaint or dispute regarding the application of interpretation of this Memorandum of Understanding, Department rules, 38 regulations, policies or procedures relating to wages, hours or other terms and conditions of employment.
2. Any non-probationary employee represented by the Union may file and process a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an individual employee becomes subject to dispute.
3. Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing.
4. Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The Union shall deliver a copy of a written grievance to the Human Resources Department Director on the same date that i t is first filed with another City representative under the provisions of the below grievance procedure.
5. The time limits specified in this section may be extended by mutual agreement in writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. The grievance will be considered settled if the decision of any step is not appealed within the specified time limit.
6. If a grievance is related to a promotional process to positions within the representation unit, Step I shall be directed to the Deputy Fire Chief (or Fire Marshal for FPB positions).
7. Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with the immediate supervisor by the end of the tenth business day following the discovery of the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level.
Step II. If the grievance is not resolved through informal discussion, it may be submitted in writing to the Battalion Chief (Deputy Fire Chief for Captain grievances) within ten business days of the informal discussion. The Battalion Chief/Assistant Fire Chief will have ten business days from receipt of the grievance to review the matter and prepare a written response. If the grievance is denied, the response shall contain the reasons therefore.
Step III. If the grievance is not resolved in Step II, it may be submitted in writing to the Fire Chief within ten business days of receipt of the Battalion Chief's/ Deputy Fire Chief's written response. The Fire Chief will have ten business days from receipt of the grievance to review the matter and prepare a written response.
If the grievance is denied, the response shall contain the reasons therefore.
39 Step IV. If the grievance is not resolved in Step III, the aggrieved employee may submit the grievance to the City Manager for final determination or to binding grievance arbitration. All Step IV appeals must be filed in writing at the Human Resources Department Office within ten business days of receipt of the Fire Chief's response under Step III. All hearings before the City Manager shall be pursuant to the rules and regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings before an arbitrator will be as set forth below.
In the event the aggrieved employee decides to proceed to arbitration, he/she shall select jointly with the Director of Human Resources an arbitrator. If the parties are unable to agree on an arbitrator, they shall jointly request a panel of five qualified and experienced arbitrators from the State Conciliation Service.
Upon receipt of the list of arbitrators, the names shall be alternately struck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the parties.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of the Memorandum of Agreement and such Merit System rules, regulations, policies, procedures, City ordinances or regulations relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision:
a. Regarding matters of interest.
b. Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement.
c. Granting any wage increases or decreases.
d. Granting pay or benefits for any period of time prior to the execution date of this Memorandum of Agreement.
Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of the Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this Memorandum of Agreement.
The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Copies of the arbitrator's decision shall be submitted to the City and the aggrieved employee. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union.
It is further agreed that the provisions of this section shall be incorporated as part of Chapter 11 of the City of Palo Alto Merit System Rules and Regulations.
Existing procedures set forth in Chapter 11, to the extent they are inconsistent with the provisions contained herein, are superseded.
40 ARTICLE XXXVIII- SAFETY COMMITTEE
Section 1. Committee A Safety Committee comprised of four representation unit members appointed by the Union, and at least two members of Management, will continue to meet. The Committee may make safety recommendations to the Fire Chief regarding equipment, vehicles and appara tus and may review all accidents involving represented personnel. Management shall inform the Safety Committee of all accidents involving injuries to represented personnel.
ARTICLE XXXVIIIX – MISCELLANEOUS
Section 1. Section 1. Uniforms.
The value of the purchase, rental and/or maintenance of the required uniforms shall be reported as special compensation to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Based upon existing uniform standards and the City’s cost experience, the value of this benefit shall be reported as $15.31 per pay period.
The City will supply complete uniforms as described in Fire Department Policy 1031. The City will issue four T-shirts to each uniformed employee each July These T-shirts are for use on duty only and will be maintained by the employee.
Section 2. Removal of Disciplinary Actions. Records of disciplinary actions shall be removed from the personnel file of a representation unit employee upon written request by the employee after a period of three years, or sooner if mutually agreed by the Fire Chief and the employee. If the disciplinary action involved violations of the City’s anti - harassment policy, state/federal harassment or discrimination laws, or if there have been subsequent violations of the same policy during the three- year period, the Fire Chief may deny the request for removal. In such cases, the employee may request a review meeting with the Fire Chief or designee, Union President or designee, and Human Resources. The final decision following this review meeting is final and not subject to any grievance or appeal rights.
ARTICLE XXXIXL - FULL UNDERSTANDING
Section 1. Full and Entire Understanding. The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. 41 Section 2. Fair Labor Standards Act. Compensatory time off with Management approval may be used as an alternative to overtime compensation only within the 27- day work period within which the overtime is worked.
Section 3. Severability. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation or by reason of State or U.S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable.
Section 4. Good Faith. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Understanding be administered and observed in good faith.
Section 5. Merit System Rules and Regulations. During the term of this Memorandum of Agreement, Management may propose certain changes in the City Merit System Rules and Regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, me et and confer regarding the changes.
Section 6. Station Consolidation or Relocation . During the term of this agreement, at management request, the parties agree to meet and confer with regard to issues pertaining to fire station consolidation or relocation.
Section 7. Meet and Confer. Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement.
ARTICLE XLI – 48/96 Work Schedule
The regular schedule for 56 hour personnel will be under a “48/96” model. With the adoption of this “48/96” schedule the parties agreed to revise Fire Department policy 205.6 typical workday and 1009.8.1 Reporting for Duty- Holidays.
ARTICLE XLII – FUTURE SERVICE DELIVERY MODELS
Effective upon request of the City, the parties will meet and confer in good faith regarding the service delivery model of current inspection services and transport during the term of this Agreement.
ARTICLE XLIII - DURATION
This Memorandum of Agreement shall become effective upon ratification by both 42 parties hereto and remain in effect through June 30, 20285. 38 EXECUTED:
FOR: FOR:
INTERNATIONAL ASSOCIATION CITY OF PALO ALTO
FIRE FIGHTERS
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39 1
MEMORANDUM OF AGREEMENT
Between
CITY OF PALO ALTO and
I.A.F.F. LOCAL 1319
July 1, 2025 – June 30, 2028
2 PREAMBLE __________________________________________________________ 7 ARTICLE I - RECOGNITION _____________________________________________ 7 Section 1. Recognition. ______________________________________________________ 7 ARTICLE II - NO DISCRIMINATION _______________________________________ 7 Section 1. No Discrimination. __________________________________________________ 7 Section 2. Free Choice. ______________________________________________________ 7 Section 3. Human Relations Committee. _________________________________________ 7 ARTICLE III - PAYROLL DEDUCTIONS ____________________________________ 7 Section 1. Payroll Deductions and Written Authorization. ____________________________ 8 Section 2. Certification of Union Membership _____________________________________ 8 Section 3. Indemnification ____________________________________________________ 8 ARTICLE IV - UNION ACTIVITIES ________________________________________ 8 Section 1. On-Duty Time. _____________________________________________________ 8 Section 2. Interoffice Mail, Bulletin Boards, and E-Mail. ______________________________ 8 Section 3. Use of Meeting Places. ______________________________________________ 9 ARTICLE V - NO STRIKES ______________________________________________ 9 Section 1. No Strikes. ________________________________________________________ 9 ARTICLE VI - PROBATIONARY PERIOD __________________________________ 9 Section 2. Part of Testing Process. _____________________________________________ 9 Section 3. Suspension or Termination. __________________________________________ 9 ARTICLE VII - SALARY PROVISIONS ____________________________________ 10 Section 1. Base Wage Rates. ________________________________________________ 10 Section 2. Out-of-Class Compensation. _________________________________________ 11 Section 3. Salary Steps _____________________________________________________ 11 Section 4. Pay for Court Appearance. __________________________________________ 12 Section 4. Classifications ____________________________________________________ 12 ARTICLE VIII - PAY DIFFERENTIALS ____________________________________ 12 f. Paramedic Differential. _________________________________________________ 13 Section 2. Emergency Medical Technician Certification. _________________________ 14 Section 3. Bilingual Pay _____________________________________________________ 14 Section 4. Special Operations Assignment (Haz Mat) _____________________________ 14 Section 5. Fire Investigator Differential. ________________________________________ 14 Section 6. Education Incentive _____________________________________________ 15 ARTICLE IX - HOLIDAYS ______________________________________________ 16 Section 1. Named Holidays. __________________________________________________ 16 Section 2. Conditions. ______________________________________________________ 16 3 ARTICLE X - OVERTIME COMPENSATION _______________________________ 17 Section 1. Compensation. ___________________________________________________ 17 ARTICLE XI - APPARATUS STAFFING ___________________________________ 17 ARTICLE XII - WORK ASSIGNMENTS AND TRANSFERS ____________________ 18 Section 1. Shipouts. _______________________________________________________ 18 Section 2. Vacation Relief Positions. ___________________________________________ 18 Section 3. Transfer Requests. ________________________________________________ 19 Section 4. Special Assignments. ______________________________________________ 19 Section 5. Continuous Hourly Service. __________________________________________ 19 ARTICLE XIII - TRAINING COORDINATION _______________________________ 19 Section 1.Coordination ______________________________________________________ 19 ARTICLE XIV - PROMOTION ___________________________________________ 19 Section 1. Promotion Step Level. ______________________________________________ 19 Section 2. Promotion Process Information. ______________________________________ 19 ARTICLE XV - REDUCTION IN FORCE ___________________________________ 20 Section 1. Order of Reduction. ________________________________________________ 20 ARTICLE XVI - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY ______ 20 Section 1. In Case of Emergency ______________________________________________ 20 ARTICLE XVII - HEALTH BENEFITS _____________________________________ 20 Section 1. Maintenance of Levels _____________________________________________ 20 Section 2. Vision Care ______________________________________________________ 20 Section 3. PEMHCA Health Plan. _____________________________________________ 20 ARTICLE XVIII - DENTAL BENEFITS _____________________________________ 23 Section 1. Level of Benefits. __________________________________________________ 23 Section 2. Premiums. _______________________________________________________ 23 ARTICLE XIX - LIFE INSURANCE _______________________________________ 24 ARTICLE XX - RETIREMENT BENEFITS __________________________________ 24 Section 1. PERS Retirement Formula. __________________________________________ 24 Section 2. PERS Member Contribution. ________________________________________ 25 Section 3. Additional Employee PERS contributions _______________________________ 25 Section 4. Option 2 Death Benefit. _____________________________________________ 26 Section 5. Military Service Credit. _____________________________________________ 26 Section 6. 1959 Survivor Benefit. _____________________________________________ 26 Section 7. Employer Contributions to 457 Plan ___________________________________ 26 ARTICLE XXI - RETIREMENT MEDICAL PLAN_____________________________ 26 Section 1. Retiree medical coverage for Unit employees hired before January 1, 2004: ____ 26 4 Section 2. 20-Year Vesting for Retiree Medical Coverage for Unit Employees Hired On Or After January 1, 2004: ____________________________________________________ 26 ARTICLE XXII - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) ________ 27 Section 1. DCAP. __________________________________________________________ 27 ARTICLE XXIII - VACATION ACCRUAL __________________________________ 27 Section 1. Accrual Rate. _____________________________________________________ 27 Section 2. Unused At Termination. _____________________________________________ 28 Section 3. Limits. __________________________________________________________ 28 ARTICLE XXIV - USE OF VACATION ____________________________________ 28 Section 1. Maximum Number of Slots __________________________________________ 28 Section 2. Approvals. _______________________________________________________ 28 Section 3. Vacation Pay. ____________________________________________________ 28 Section 4. Illness on Vacation. ________________________________________________ 28 Section 5. When to be Taken. ________________________________________________ 28 Section 6. Limitation on Use. _________________________________________________ 29 Section 7. Waiting Period. ___________________________________________________ 29 Section 8. Double Compensation Prohibited. _____________________________________ 29 Section 9. Cash out Option. __________________________________________________ 29 ARTICLE XXV - SICK LEAVE ___________________________________________ 29 Section 1. Statement of Policy. _______________________________________________ 29 Section 2. Eligibility ________________________________________________________ 29 Section 3. Accrual. _________________________________________________________ 29 Section 4. Accumulation. ____________________________________________________ 29 Section 5. Use. ____________________________________________________________ 29 Section 6. Depletion of Sick Leave Benefits. _____________________________________ 30 Section 7. Forfeiture Upon Termination. ________________________________________ 30 Section 8. Payment for Accumulated Sick Leave. _________________________________ 30 Section 9. Personal Business Leave Chargeable to Sick Leave. ______________________ 30 Section 10. Return to Work or Continue Work With Limited Duty. _____________________ 31 ARTICLE XXVI - SUBPOENAS __________________________________________ 31 ARTICLE XXVII - WORKERS' COMPENSATION ____________________________ 31 Section 1. Status Reporting While on Disability. __________________________________ 31 ARTICLE XXVIII - PHYSICAL FITNESS MEDICAL EXAMINATIONS ____________ 31 ARTICLE XXIX- LEAVES OF ABSENCE WITHOUT PAY _____________________ 31 Section 1. Disability. ________________________________________________________ 31 Section 2. Other Leaves. ____________________________________________________ 32 5 Section 3. Accrued Vacation Credits. ___________________________________________ 32 Section 4. Approval of Department Head ________________________________________ 32 Section 5. Approval by City Manager. __________________________________________ 32 Section 6. Absence Without Leave. ____________________________________________ 32 Section 7. Leave of Absence; Death Outside the Immediate Family. __________________ 32 Section 8. Military Leave of Absence ___________________________________________ 32 Section 9. Use of paid accruals while on leave. ___________________________________ 32 ARTICLE XXX - LEAVES OF ABSENCE WITH PAY _________________________ 32 Section 1. City Manager Granted Leaves. _______________________________________ 32 Section 2. Council Granted Leave. _____________________________________________ 32 Section 3. Employee's Time Off to Vote. ________________________________________ 33 Section 4. Leaves of Absence; Death in Immediate Family. _________________________ 33 Section 5. Jury Duty; Leave of Absence. ________________________________________ 33 ARTICLE XXXI – VOLUNTEER LEAVE PROGRAM _________________________ 33 ARTICLE XXXII- TUITION REIMBURSEMENT _____________________________ 34 Section 1. Options. _________________________________________________________ 35 ARTICLE XXXIII - PER DIEM TRAVEL EXPENSES__________________________ 35 Section 1. City Business. ____________________________________________________ 35 ARTICLE XXXIV - HOUSE FUND ITEMS __________________________________ 35 Section 1. Station House Fund. _______________________________________________ 35 Section 2. Non-Food House Items _____________________________________________ 35 ARTICLE XXXV- PARKING ____________________________________________ 35 Section 1. Entitlements. _____________________________________________________ 35 ARTICLE XXXVI- GRIEVANCES ________________________________________ 35 Step II ___________________________________________________________________ 36 Step III __________________________________________________________________ 36 Step IV __________________________________________________________________ 36 ARTICLE XXXVII- SAFETY COMMITTEE _________________________________ 38 Section 1. Committee _______________________________________________________ 38 ARTICLE XXXVIII – MISCELLANEOUS ___________________________________ 38 Section 1. Section 1. Uniforms. _______________________________________________ 38 Section 2. Removal of Disciplinary Actions. ______________________________________ 38 ARTICLE XXXIX - FULL UNDERSTANDING _______________________________ 38 Section 1. Full and Entire Understanding ________________________________________ 38 Section 2. Fair Labor Standards Act. ___________________________________________ 39 Section 3. Severability. ______________________________________________________ 39 6 Section 4. Good Faith. ______________________________________________________ 39 Section 5. Merit System Rules and Regulations. __________________________________ 39 Section 6. Station Consolidation or Relocation ___________________________________ 39 Section 7. Meet and Confer. __________________________________________________ 39 ARTICLE XL – 48/96 Work Schedule ____________________________________ 39 ARTICLE XLI – FUTURE SERVICE DELIVERY MODELS _____________________ 39 ARTICLE XLII - DURATION ____________________________________________ 39
7 MEMORANDUM OF AGREEMENT
CITY OF PAL0 ALTO and I.A.F.F. LOCAL 1319
January 30, 2023 - June 30, 2025
PREAMBLE
This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as the "City", and Local 1319, International Association of Fire Fighters, hereinafter referred as the "Union", has been prepared and entered into in accordance with Title I, Division 4, Chapter 10, Sections 3500- 3510 of the California Government Code and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. Recognition. The City recognizes the Union as the exclusive representative of an employee group consisting solely of the classifications of Fire Apparatus Operator, Fire Fighter, Fire Captain, Fire Captain (forty -hour assignment), Fire Inspector Sworn and Non-Sworn, , and Hazmat Inspector, who are regularly employed by the City and others as amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations.
ARTICLE II - NO DISCRIMINATION
Section 1. No Discrimination. The Union and the City hereby agree that there shall be no discrimination because of race, color, age, disability, sex, national origin, sexual orientation, political or religious affiliation under this Agreement. There shall be no discrimination in emplo yment conditions or treatment of employees on the basis of membership or non-membership in the Union, or participation in the lawful activities of the Union.
Section 2. Free Choice. The Union and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws.
Section 3. Human Relations Committee. A Human Relations Committee will include up to five members appointed by the Union executive board and at least two members of management with representation from the Fire and Human Resources Departments.
The committee may make recommendations to management regarding recruitment outreach, equal employment opportunity and career development programs.
ARTICLE III - PAYROLL DEDUCTIONS
8 Section 1. Payroll Deductions and Written Authorization. The City shall deduct Union membership dues assessments and insurances authorized by the Union. This will be accomplished by payroll deduction from the bi -weekly pay of member employees.
The dues deduction must be authorized in writing by the employee on a Union authorization card.
The Union will be the custodian of records for individual employee membership and dues deduction forms. The Union will maintain authorizations for dues deduction, signed by the individual from whose salary or wages the deduction or reduction is to be made. The City will direct employee requests to cancel or change deductions to the Union.
The City shall remit the deducted dues to the Union as soon as possible after deduction.
Section 2. Certification of Union Membership. The Union agrees to provide the City an initial certified list of members and statement that the Union has and will maintain written authorizations signed by the individuals from whose w ages the Union dues deductions are to be made. From that point forward the Union will update the list whenever there are changes.
Section 3. Indemnification. The Union shall indemnify and hold the City harmless against any liability arising from any claims, demands, or other action relating to this article. The Union shall comply with all statutory and legal requirements with respect to this article.
ARTICLE IV - UNION ACTIVITIES
Section 1. On-Duty Time. Local 1319 officers may use a reasonable amount of on- duty time to attend to Union business specifically related to representation of employees so long as:
a. Staffing is available
b. Operations are not interrupted
c. Advance approval is obtained from the Battalion Chief or Operations Chief
Section 2. Interoffice Mail, Bulletin Boards, and E-Mail. The Union shall have access to interoffice mail and existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership meetings, result of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Operations Chief or Fire Chief. Action on approval will be taken wit hin 24 hours of submission.
The Union may send e- mail messages only for the purposes set forth above. The I.T.
Division will maintain the IAFF list. The Union access to e-mail is based on the following conditions:
a. E-Mails to the IAFF list will be copied to the Fire Chief or Operations Chief at distribution.
9 b. E-Mails to the IAFF list will only be sent by the Executive Board Members.
Section 3. Use of Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during non- working hours or as subject to Battalion Chief approval. Such meeting places will be made available in conformity with City regulations and subject to the limitations of prior commitment.
ARTICLE V - NO STRIKES
Section 1. No Strikes. The Union, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, leave of absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto or its citizens by employees covered under this Agreement. No employee shall refuse to cross any picket line in the conduct of Fire Department business, nor shall the Union, its representatives or members discriminate in any way toward any one who refuses to participate in a strike, or any of the job actions cited above.
ARTICLE VI - PROBATIONARY PERIOD
Section 1. Tentative and Subject to Probationary Period. All original appointments to regular or part -time municipal service positions shall be tentative and subject to a probationary period. With the exception of the Fire Inspector (Non-Sworn) classification, this probationary period shall include the fire training academ ies and an additional fourteen (14) to sixteen (16) months after completion of the academ ies (including in - house academy), excluding time off for extended leaves of absence. The probationary period will end at the sooner of 16 months or the completion of all probationary testing, inclusive of driver II certification.
All original appointments to Fire Inspector ( Sworn or Non -Sworn) classifications shall serve a twelve (12) month probationary period, commencing with the first day of employment in the classification. Promotion from a non-sworn to a sworn position will be subject to the applicable Probationary Period.
Section 2. Part of Testing Process. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who, in the opinion of management, is not suitable to attain permanent status.
Section 3. Suspension or Termination. During the probationary period a new employee may be suspended or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. Said employee shall not have the right to proceed to arbitration on the issue of arbitrability or on the issue of its constitutional or discovery rights, nor those of any employee by reason of the 10 foregoing. The Union shall not be a party to any lawsuit relating to the termination of a probationary employee.
ARTICLE VII - SALARY PROVISIONS
Section 1. Base Wage Rates.
a. The base wage rates of bargaining unit classifications will be as set forth in Appendix A of this MOA.
b. General Salary Increase
Effective the first full pay period following July 1, 2025, the salary ranges of all represented classifications will be increased by three percent (3%).
Effective the first full pay period following July 1, 2026, the salary ranges of all represented classifications will be increased by three half percent (3%)
Effective the first full pay period following July 1, 2027, the salary ranges of all represented classifications will be increased by three percent (3%).
c. Market Increase:
Effective the first full pay period following July 1, 2026, the salary ranges of all represented classifications will be increased by three-fourths of one percent (0.75%).
Effective the first full pay period following July 1, 2027, the salary ranges of all represented classifications will be increased by three -fourths of one percent (0.75%).
Total Compensation and Survey Database
Management and the Union have agreed to a compensation survey database structure. Survey Cities include: Alameda, Berkeley, Fremont, Hayward, Menlo Park Fire District, Milpitas, Mountain View, Redwood City, Pleasanton, San Jose, San Mateo, San Ramon Fire District, Santa Clara, Santa Clara County and South San Francisco. Compensation Criteria includes: top step salary, maximum longevity, maximum education, uniform allowance, EMT differential, Hazmat differential, deferred compensation, employee pick up of employer pension costs (Negative EPMC), and maximum City paid benefits (medical, dental, vision, life insurance, LTD, and EAP).
The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that 11 paid by other employers.
Section 2. Out -of-Class Compensation. All represented employees who are assigned work in a higher classification for longer than four (4) continuous hours will be compensated at a higher pay rate for all hours worked during the out -of-class assignment. This provision applies as follows:
Fire Fighter, Apparatus Operator, Captain or Inspector working in a higher classification: Step to step. Representation unit classification working as a Battalion Chief, 10% above 6 th-Step Captain, but not to exceed of the salary range of the Battalion Chief. Representation unit classification working in any other management position, within the range of the management position.
In accordance with Government Code 20480, an employee assigned to work in an “out- of-class appointment” may not exceed 960 hours worked in the appointment within a fiscal year if the employee is appointed to an upgraded position or higher classification that is vacant during recruitment for a permanent appointment. This limitation does not apply to a position that is temporarily available due to a leave of absence.
Section 3. Salary Steps
Employees in the Firefighter Rank initially appointed to the first step of the salary range of their classification shall be entitled to a merit increase to step two in the pay range upon successful completion of six (6) months of service, so long as they receive a satisfactory performance evaluation. The date of such increase shall be the first full pay period following the evaluation date.
Employees may be appointed to any step in the salary schedule for their classification as recommended by the Fire Chief and approved by the City Manager.
Employees appointed to the second step and above are eligible to receive a merit increase the first full pay period following successful completion of twelve (12) months of actual service, so long as they receive a satisfactory performance evaluation.
Employees in the Fire Inspector (Non-Sworn) classification shall be entitled to a step increase in the pay range upon successful completion of twelve (12) months of service, so long as they receive a satisfactory performance evaluation. The date of such increase shall be the first full pay period following the evaluation date.
Each twelve (12) months of actual service after the evaluation date, each employee receiving a satisfactory performance evaluation shall receive a step increase to the next higher step (effective the first full pay period following the evaluation date) until the top step of the pay range for the job class has been reached. An employee shall not receive a merit increase beyond the maximum steps established for the job classification.
12 Section 4. Pay for Court Appearance. Sworn Fire personnel appearing in court for the People shall be compensated as follows:
Period Rate Minimum
a. Appearance on scheduled day
off
Time and one-half at
40-hour rate
4 hours
b. Any or all court time
during scheduled shift
Straight time during
shift at 56-hour rate
None
c. Appearance on scheduled Time and one-half at 2 hours work day but not during
scheduled shift
40-hour rate (2 hour minimum, may
not run into shift time)
The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.
Section 4. Classifications. The sworn Haz Mat Inspector and sworn Fire Inspector classification will be paid at the same level as the Fourt-hour Fire Captain.
One Fire Captain position will be assigned to a Fire Captain (Forty -hour Assignment) with the pay set at 5% above the Fire Captain.
ARTICLE VIII - PAY DIFFERENTIALS
Sworn Unit employees are eligible for the following pay differentials. Notwithstanding any provision of this agreement, eligible employees can receive up to two differentials in addition to the EMT and Paramedic Certification pay. Non-Sworn Fire Inspectors will not be eligible for the listed pay differentials.
Section 1. Paramedic Assignment
13 a. Limit of Eligibility. The City reserves the right to limit eligibility for the Paramedic Program to the Fire Fighter classification. The City may, at its discretion, add other classifications within the represented bargaining unit to meet the need of program changes. Differentials for other classifications will be as provided in this Article.
b. Additional Candidate Training. As the Program progresses, Management will assess the need for training additional Paramedic candidates. It is Management's intention to provide for such additional training as necessary for Program continuity.
c. Section 3. Incentives. Paramedics will receive a one-time cash payment of $500 for each biennial recertification. This provision applies only to active incumbents of authorized paramedic positions who remain in the paramedic assignment for at least one additional year after rec ertification. The one year requirement after recertification does not apply to those paramedics who may leave the program because of work- related injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet special departmental needs for a period of less than one year.
d. Proctoring. Paramedic proctoring assignments will be made by the Chief from among qualified volunteers. Payment of $600 will be made to the primary proctoring paramedic at the conclusion of each proctoring assignment.
The Chief or their designee will maintain a list of qualified proctors from among volunteers. Personnel will be selected by the Fire Chief or his or her designee from the list to serve as paramedic proctors. If a conflict arises between the City and the Union regarding the Proctor Program, either side may suspend the program at the annual renewal period and shall remain suspended until a resolution or agreement is reached.
e. Field Training Stipend. Employees assigned to provide field training for new paramedic accreditation will receive a $300 stipend to train a new paramedic or EMT to successful completion of paramedic accreditation. This assignment is at the discretion of the Chief or their designee.
f. Paramedic Differential.
Paramedics who have completed the required training and have been accredited in accordance with the program and possess their paramedic license, will receive a 14% differential in addition to their base salary effective beginning with the date of assignment to Paramedic duty. The Paramedic salary differential will terminate with the cessation of assignment to Paramedic duty.
14 Section 2. Emergency Medical Technician Certification.
All employees hired into sworn positions must maintain a current EMT certification as a condition of employment. Employees, including Paramedics, shall receive a three percent (3%) differential in addition to their base salary for the EMT certification. The EMT differential will be provided the first pay period following graduation from an entry level academy or on date of hire where an academy is not required. In the event an employee’s EMT certification expires, the employee will be taken off the line and placed in an unpaid status until the employee can submit proof of EMT recertification.
Section 3. Bilingual Pay
Employees who have successfully demonstrated proficiency in any of the approved languages shall receive a 5% premium in addition to their base salary.
a. Approved Languages:
Spanish, Chinese (Mandarin and Cantonese), Japanese, Tagalog, Korean, Vietnamese, Russian, American Sign Language, and such other languages as determined by management.
b. Proficiency Requirements
The City shall develop and provide a method of testing for proficiency in the above listed languages. The City will pay for the first test in any approved language however subsequent testing will be at the employee’s own expense. An employee must pass the proficiency test to maintain the bilingual pay. The Fire Chief shall have the authority to require employees receiving bilingual pay to re-certify with the Human Resources Department as necessary and reasonable.
c. Arbitratability
The City’s substantive evaluation of an employee’s knowledge of and skills in a designated second language shall not be subject to the grievance procedure or review by an arbitrator.
Section 4. Special Operations Assignment (Haz Mat)
A maximum of eighteen positions who are both members of the Special Operations group and assigned the Special Operations, inclusive of Technical Rescue and Hazardous Materials certified personnel, team will receive a 5% differential in addition to their base salary. The differential does not apply to minimum staffing replacements.
Section 5. Fire Investigator Differential.
15 A maximum of six (6) Fire inspector personnel including Haz Mat Inspectors who have been trained as Fire investigators and who are regularly assigned to fire investigation duties by the Chief will receive a 5% differential in addition to their base salary. The Chief reserves the right to determine who is regularly assigned to such duties.
Section 6. Education Incentive
Employees who have successfully achieved the education and training required for the Career Development program will receive either:
Tier 1: 2.5% differential in addition to base salary
OR
Tier 2: 5% differential in addition to base salary
a. Tier 1: An employee shall be eligible for Tier 1 incentive upon completion of 300 hours of Fire Chief approved job-related coursework.
1. Tier 1 will begin the first full pay period including July 1, 2026.
2. Employees must successfully pass probation in order to become eligible. b. Tier 2: An employee shall be eligible for tier 2 incentive upon completion of 600 hours of Fire Chief approved job-related coursework.
1. Tier 2 will begin the first full pay period including July 1, 2027.
2. Employees must successfully obtain step 4 of the salary schedule in order to become eligible.
c. Conditions of Job-related coursework
1. An Associate’s degree from an accredited college or university in public safety field shall count toward 150 hours of job related coursework. A Bachelor’s degree or higher accredited college or university shall count toward 300 hours of job related coursework.
2. Job related coursework completed to hold EMT or Paramedic licensure in this Article will not be eligible to count toward Tier 1 or Tier 2 required job- related coursework.
3. On duty City provided job-related classes will not be eligible.
4. Under no circumstances may duplicative coursework be submitted. d. All education and training completed under this Program must be actively utilized in the course of the employee’s assigned duties.
e. A minimum of 32 hours of Fire Chief approved job-related coursework is required every other calendar year in order to maintain the education incentive. f. The employee is responsible for submitting appropriate official transcripts, certificates, and proof of course completion demonstrating completion of all qualifying components. No incentive shall be granted without verified documentation.
g. Incentive pay shall begin the first full pay period after approval by the Fire Chief or designee of require documentation.
h. The Fire Chief or designee, shall make final determinations regarding course approval, applicability of training, and eligibility for incentive payment. A joint labor-management committee shall meet as needed to discuss the program.
16 ARTICLE IX - HOLIDAYS
Section 1. Named Holidays.
Holiday pay is compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduling staff without regard to holidays. The following holidays are recognized as municipal holidays for pay purposes, and regular, employees shall have these days off with pay, except as otherwise provided in these rules:
January 1 Veterans’ Day, November 11
Third Monday in January Thanksgiving Day
Third Monday in February Day after Thanksgiving Day
Last Monday in May December 25
July 4th Either December 24, or December 31 as provided below First Monday in September
Second Monday in October
Floating Holiday: In addition to the paid holidays listed above, employees shall be excused with pay for one full work shift as a day of reflection (floating holiday) per calendar year. Eligible employees may use the floating holiday on any day mutually agreed by the employee and their supervisor for a Day of Reflection, including:
Juneteenth Freedom Day (June 19) or Cesar Chavez/Dolores Huerta Day (March 31).
Day of Reflection not used by the end of the fiscal year will be deemed forfeited and have no cash value.
161.5 hours are paid annually to an employee at a rate of 6.21 hours each pay period. Shift personnel shall receive pay in lieu of taking paid leave for accrued holidays. Such paid hours are in addition to the normal biweekly base pay. Shift personnel will be paid 6.21 hours of in lieu of holiday pay each pay period. Hours are prorated and accrued based on hours actually worked.
Accrued Holiday balances will be automatically paid off in the months of June and December.
Section 2. Conditions.
a. Personnel assigned to a 40- hour work schedule will receive paid holidays in accordance with Sections 517 and 518 of the Merit System Rules and Regulations.
b. Personnel assigned to a 40-hour work schedule will receive floating days off with pay in each of the following months: August, September, March, April, and June.
The following conditions will hold:
17 (1) Management will designate the schedule of the paid day off under this section at least thirty days in advance.
(2) If, in conformance with this section, Management is unable to schedule a day off in the month indicated for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee's vacation accrual.
(3) If an employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited.
ARTICLE X - OVERTIME COMPENSATION
Section 1. Compensation. Shift personnel assigned to overtime relief duty in addition to their regular 56-hour shift schedule shall receive overtime compensation at a rate of one and one -half times the employee's basic 56- hour rate, or out -of-class rate if such applies, for all hours of the relief duty shift. Required off-duty training, excluding remedial training, will be compensated at the rate of one and one- half times the basic 40- hour rate or as otherwise agreed. If an opportunity was provided to allow for the required training to be on duty, but the employee was unable to attend, the training scheduled for off duty will not be eligible for the 40-hour rate. Emergency callback will be compensated at a rate of one and one- half times the basic 40-hour rate to a maximum of 8 hours, and at a rate of one and one-half times the basic 56-hour rate for those hours in excess of 8 hours.
Overtime duty assignments will first be made from the voluntary overtime list. If such assignments cannot be filled from the voluntary overtime list, the vacant position will be filled by moving up on- shift personnel through out -of class assignment. Any re maining vacancy will then be filled by overtime duty assignment made in reverse order of hire date seniority according to specialty and qualifications required to be assigned. The overtime duty assignment seniority list will be adjusted annually on October 31.
ARTICLE XI - APPARATUS STAFFING
Engine, truck and combination rescue companies shall be deployed for emergency services purposes at the level of one Fire Captain, one Fire Apparatus Operator and one Fire Fighter. Truck companies have the option of deploying at the level of two Fire Apparatus Operators instead of one Fire Apparatus Operator and one Firefighter. This option shall be determined by seniority. Paramedic ambulance staffing shall be two personnel; the City will dispatch personnel on Emergency Medical Service calls such that a mi nimum of 1 licensed paramedic responds. The Foothill Fire Station #8, when activated by the Fire Chief, shall be staffed with a minimum of one Fire Apparatus Operator and one Fire Fighter. City may dispatch a two-person apparatus (ex: squad or quick response vehicle) with a minimum of 1 paramedic.
18 ARTICLE XII - WORK ASSIGNMENTS AND TRANSFERS
It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments and transfers will reflect the best interests of the Fire Department and the City. The Fire Department will maintain a constant state of readiness to defend against fire and other disasters. It is therefore imperative that all Fire Department divisions assign personnel in the best manner to respond to the needs of the City and the Department. It is also acknowledged that the Fire Chief is responsible to make and/or approve the work assignments or transfers of Fire Department personnel.
The Fire Chief or designee will maintain a three year station and shift assignment, seniority-based bid system covering the following classifications within Fire Operations on a rotational basis: Fire Captain, Apparatus Operator and Fire Fighter.
The Fire Chief, or his designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill permanent or temporary vacancies and provide required training to individual personnel. Such assignments will be based on seni ority, except where career development, training, special assignments, skills and documented performance issues are specifically identified in writing, management may make assignments based on such issues. For purposes of this article, seniority shall be computed from the date of entry into the current classification.
Section 1. Shipouts. When possible, least senior Fire Fighters will be given short term or shipout relief duty. In order to maintain training continuity, shipouts of probationary personnel will be subject to the approval of the Fire Chief or their designee.
Section 2. Vacation Relief Positions. In order that platoon strengths can be balanced more quickly and to reduce the need for excess overtime, two positions will be designated for vacation relief. These positions will be the lowest two on the Department seniority list who have completed their probationary period.
a. The vacation relief persons will be assigned to one station when not on relief assignment.
b. Relief assignment can be made to any Station or shift where a shortage of personnel will cause unnecessary overtime.
c. Shortages may be caused by vacation, sick leave, disability or any leave of absence that causes a shift to be short of personnel while another has a surplus.
d. Shift transfers will be made so as not to cause the relief person to work more than the prescribed number of hours in the prescribed period.
e. Relief assignments will be made and hours will be coordinated by the Battalion 19 Chief's office.
Section 3. Transfer Requests. Non-probationary fire personnel may submit transfer requests to their immediate supervisor to be forwarded to the appropriate chief officer.
Providing that Departmental needs are satisfied, such transfers will be administered using first a mutually agreeable exchange, secondly seniority.
The transfer requests shall remain on file during the year and may be granted when a vacancy occurs, providing the requesting employee possesses the experience and performance ability required to fill the vacancy.
Section 4. Special Assignments. Management reserves the right to assign personnel to career development opportunities, special projects, seminars, programs and selected educational and/or training courses, based on Fire Department needs and the performance of the employee.
Section 5. Continuous Hourly Service. Continuous hours of service in excess of 96 hours are subject to approval by the Fire Chief or designee. Approval may be granted up to 120 hours when an employee has not been engaged in a greater than usual level of activity or is not fatigued.
ARTICLE XIII - TRAINING COORDINATION
Section 1.Coordination. Three shift employees per platoon may be assigned to assist the Training Officer in the coordination, preparation and scheduling of the training program. It is agreed that volunteers will first be sought for such assignment, and further agreed that the details of this section shall be established by mutual agreement between the Fire Chief and the Union.
ARTICLE XIV - PROMOTION
Section 1. Promotion Step Level. All regular promotions from classifications within the representation unit to the classification of Fire Captain will be made at the sixth step on the salary range.
Section 2. Promotion Process Information. For promotions to positions within the representation unit, promotion process information will be available in the Human Resources Department office at the time of posting. Information will include applications, 20 minimum qualifications, study material reference information, if appropriate, and information on passing scores. Any changes in an established testing process must be submitted in writing to the Union for review and input no fewer than 60 days prior to the beginning of the process.
ARTICLE XV - REDUCTION IN FORCE
Section 1. Order of Reduction. If the work force is reduced (reduction in force) within a represented classification, unit employees having the shortest length of service with the Fire Department will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work.
ARTICLE XVI - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY
Section 1. In Case of Emergency Management may use selective call back with regard to residency in cases of emergency.
ARTICLE XVII - HEALTH BENEFITS
Section 1. Maintenance of Levels Except as otherwise set forth herein, the City will maintain the present level of benefits on all City-sponsored medical programs.
Section 2. Vision Care
a) Level of Benefits: The City provides a base vision plan for all eligible employees and dependents. Additionally, eligible employees will have the option to enroll in a vision “buy-up” plan. Dependents include domestic partners, as defined under Article XX Section 3(b).
b) Premiums: The City shall pay all premium payments on behalf of employees and dependents who are eligible and enrolled in coverage under the base vision plan.
Employees will be responsible for premium payments required to enroll in the “buy up” vision plan.
Section 3. PEMHCA Health Plan.
a. ACTIVE EMPLOYEES: During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan:
Effective July 1, 2025, the City will increase its maximum contribution to the following:
21 Medical Category Premium Total Maximum City Contribution (inclusive of PEMHCA contribution*)
effective July 1, 2025
Employee Only
Employee plus one
Employee Family
$943.00
$1,885.00
$2,444.00
Effective January 1, 2027, the City will increase its maximum contribution to medical premiums by the following percentages:
• Employee only: 2%
• Employee plus one: 3%
• Employee family: 5%
Medical Category Premium Total Maximum City Contribution (inclusive of PEMHCA contribution*)
effective January 1, 2027
Employee Only
Employee plus one
Employee Family
$962.00
$1,942.00
$2,566.00
Effective January 1, 2028, the City will increase its maximum contribution to medical premiums by four percent (4%).
Medical Category Premium Total Maximum City Contribution (inclusive of PEMHCA contribution*)
effective January 1, 2028
Employee Only
Employee plus one
Employee Family
$1,000.00
$2,020.00
$2,669.00
The City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work.
22 * Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the Total Maximum City Contribution described above.
If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change.
b. Flexible Compensation:
Effective January 28, 2023, in lieu of additional increases to the City’s medical premiums, hourly wages for all bargaining unit classifications were increased by $100 per month ($1200 per year). Employees can utilize this cash payment for any purpose, including to cover health insurance premiums or contribute to flexible spending accounts/457 deferred compensation plans. Effective the first full pay period of January 2024, hourly wages for all bargaining unit classifications were increased by an additional $100 per month.
c. Active employee domestic partners whose domestic partnership is registered with the State of California may add their domestic partner as a dependent to their elected health plan coverage if the domestic partner is registered with the Secretary of State.
Active employee domestic partners whose domestic partnership is not registered with the State but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for reimbursement of the actual monthly premium cost of an individual health plan, not to exceed 90% of the average monthly premium cost of individual coverage under the PEMHCA health plans in 2016. Effective with the first pay period including Januar y 1, 2017, a stipend of two hundred eighty four ($284) per month toward the cost of an individual health plan will be provided. Evidence of premium payment will be required with request for reimbursement.
d. Alternate Medical Benefit Program.
If a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any non- City of Palo Alto sponsored or association medical plan, the employee may choose to waive his/her right to the City of Palo Alto’s medical insurance coverage and receive cash payments in the amount of two hundred and eighty four dollars ($284) for each month City coverage is waived.
23 Examples of waivers eligible for this payment are:
• Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage.
Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage.
Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law.
Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status.
e. Dual Coverage.
When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered only by one spouse.
ARTICLE XVIII - DENTAL BENEFITS
Section 1. Level of Benefits. The City will maintain the present level of benefits on the City- sponsored dental program. The City provides a base dental plan for all eligible employees and dependents. Additionally, eligible employees will have the option to enroll in a dental “buy-up” plan.
Section 2. Premiums. The City shall pay all premium payments on behalf of employees and dependents who are eligible and enrolled for coverage under the base dental plan.
Dependents will include domestic partners, as defined under Article XX, Section 3(b).
Employees will be responsible for premium payments required to enroll in the “buy up” dental plan.
24 ARTICLE XIX - LIFE INSURANCE
Section 1. Premiums.
The City will provide employees with Basic and Supplemental life insurance plans.
The City shall pay the premium for basic life insurance coverage equal to one times the employee’s annual salary. Employees will have the option of enrolling in supplemental life insurance by paying the premiums required to enroll in the plan.
ARTICLE XX - RETIREMENT BENEFITS
Section 1. PERS Retirement Formula.
Safety Pension Group A: 3%@50 Safety Retirement
The City will continue the present benefits under the Public Employees' Retirement System (PERS) "3 percent at 50 (3%@50)" formula for employees hired before the effective date of the “3 percent at 55” (3%@55) formula for new hires as described herein. The final year compensation for employees hired under the 3% at 50 formula will continue to be “Single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one- year period otherwise designated by the member (Government Code section 20042).
Safety Pension Group B: 3%@55 Safety Retirement
Effective December 7, 2012, the City amended its contract with CalPERS to provide employees hired on or after that date who are not “new members” of CalPERS, as defined in the Public Employees’ Pension Reform Act (ofte n referred to as “classic” CalPERS members) with the CalPERS retirement formula three percent of final salary at age 55 (“3%@55”), with the final salary determination for such employees of “3 highest consecutive years” based on the highest average annual compensation earnable by the member du ring three (3) consecutive years of employment immediately preceding retirement or the three -year period otherwise designated by the member (Government Code section 20037).
Safety Pension Group C: 2.7% at Age 57 Safety Retirement Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two point seven percent at age 57 (2.7%@57) retirement formula with a three year final compensation period.
Miscellaneous Pension Formulas:
a. Miscellaneous Pension Group A: 2.7% at 55. The City provides retirement 25 benefits under the California Public Employees Retirement System at the level of
2.7% at age 55 for employees hired before July 17, 2010, with a one year final compensation period.
b. Miscellaneous Pension Group B: 2% at 60:For miscellaneous employees hired on or after July 17, 2010, and before January 1, 2013, and employees hired on or after January 1, 2013 who are not “new members” of CalPERS as defined in the Public Employees’ Pensio n Reform Act (often referred to as “Classic” CalPERS members)the City offers the CalPERS retirement formula two percent (2.0%) of final salary at age sixty (60), with a one (1) year final compensation period.
c. Miscellaneous Pension Group C: 2% at 62. Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three (3) year final compensation period.
Section 2. PERS Member Contribution.
a. Employees in all represented classes in Pension Groups A and B described above will make the 9% PERS member contributions by payroll deduction.
b. Employees in all represented classes in Pension Group C described above shall pay the employee contribution required by the Public Employees’ Pension Reform Act, currently calculated at fifty percent (50%) of the normal cost.
c. When employees pay their PERS Member Contribution pursuant to section 3a and 3b above, the City will provide for member contributions to be made as allowed under provisions of IRS Code Section 414(h)(2).
Section 3. Additional Employee PERS contributions
In addition to the PERS member contribution as required under section 2. a, b and c above, all employees in pension groups a, b and c shall contribute the additional following contributions:
a. In addition to the Member Contribution required per CalPERS 20516 contract amendment all employees regardless of pension formula in this unit shall pay 3% towards the Employer share of Pension.
b. Effective the first full pay period following July 1, 2020, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the employer share of Pension for a total of 4%.
26 Section 4. Option 2 Death Benefit. The City provides the Pre -Retirement Option Settlement 2 Death Benefit. The Pre- Retirement Optional Settlement 2 Death Benefit provides the spouse of a deceased member, who was eligible to retire for service at the time of death, with an alternate option to the lump sum Basic Death Benefit whereby the surviving spouse can elect a monthly allowance equal to the amount the member would receive if he/she had retired from service on the date of death and elected Optional Settlement 2 (the highest monthly allowance a member can leave a spouse).
Section 5. Military Service Credit. The City will provide the Public Employees’ Retirement System benefit known as “Section 20930.3, Military Service Credit as Public Service.”
Section 6. 1959 Survivor Benefit.
The City will continue to provide the basic level of 1959 PERS Survivor Benefit to eligible employees in accordance with Government Code section 21571.
Section 7. Employer Contributions to 457 Plan
Effective the first full pay period following July 1, 2020, the City will contribute the equivalent of 1% of the employee’s pensionable salary into the 457 plan.
Eligibility:
a. Employees must be enrolled in an eligible City sponsored 457 plan b. Employees who reach the maximum as defined by the IRS will not receive additional contributions
c. Employee must be making PERS contributions
ARTICLE XXI - RETIREMENT MEDICAL PLAN
Section 1. Retiree medical coverage for Unit employees hired before January 1, 2004:
Monthly City-paid premium contributions for a retiree- selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees that retire on or before December 31, 2006. Effective January 1, 2007 for an employee retiring on or after that date the City will pay up to the monthly medical premium for the 2
nd most expensive plan offered to IAFF employees among the existing array of plans. However, the City contribution for an employee hired before January 1, 2004 who retires on or after December 1, 2011 shall be the same contribution amount it makes for active City employees.
Starting June 1, 2016 through August 31, 2016, the City provided active unit employees who were hired before January 1, 2004 with a one- time opportunity to opt -in to retiree health benefits provided under California Government Code section 22893.
Section 2. 20-Year Vesting for Retiree Medical Coverage for Unit Employees 27 Hired On Or After January 1, 2004:
The retiree health benefit provided in California Government Code section 22893 shall apply to all employees hired on or after January 1, 2004. Under this law, an employee is eligible to receive Fifty (50) percent of benefit after ten (10) years; each additional service credit year after Ten (10) years will increase employer credit by Five (5%) percent until Twenty (20) years is reached at which time employee is eligible for One Hundred (100%) percent of annuitant-only coverage and Ninety (90%) percent of the additional premium for dependents.
ARTICLE XXII - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) Section 1. DCAP. The City will provide a dependent care assistance program for employees subject to the provisions of applicable law. The program will remain in effect subject to a reasonable minimum participation level and availability of third party administrative services at a reasonable cost. Disputes regarding the administration of the plan shall be subject to the dispute resolution procedure provided by the plan document.
Section 2. HCFSA. The City will provide healthcare flexible spending program for employees subject to the provision of applicable law. Disputes regarding the administration of the plan shall be subject to the dispute resolution procedure provided by the plan document.
The HCFSA program will be available to employees effective January l, 2026, and remain in effect subject to a reasonable minimum participation level and availability of third-party administrative services at a reasonable cost.
ARTICLE XXIII - VACATION ACCRUAL
Section 1. Accrual Rate. All eligible fire suppression persons shall accrue vacation at the following rate for continuous service performed in a pay status. Non -shift representation unit employees shall accrue the 40- hour equivalent --one shift equals sixteen hours.
a. For employees completing less than four years continuous service, the accrual rate shall be five duty shifts per year.
b. For employees completing four but not more than nine years continuous service, the accrual rate shall be eight duty shifts per year.
c. For employees completing nine but not more than 14 years continuous service, the accrual rate shall be 10 duty shifts per year.
d. For employees completing 14 but less than 19 years continuous service, the accrual rate shall be 11 duty shifts per year.
e. For employees completing 19 or more years continuous service, the accrual rate shall be 12 duty shifts per year.
28 At the time of initial appointment to the City, the City may credit an employee for prior years of public service in a city, county, special district, state or federal government agency, up to a maximum of four (4) years of service. The City Manager or designee shall identify the number of years for which the employee will receive credit (up to the four (4) year maximum).
Section 2. Unused At Termination. Represented employees who fail to use all vacation as accrued may continue the accrual balance and be entitled to all accrued but unused vacation upon termination, except as limited below.
Section 3. Limits. Vacation accrual balances shall be limited to three times the annual accrual rate. Accrual credit beyond this limit shall not be recognized or compensated, except that for employees of record as of January 1, 1984 who have vacation excess on a one-time basis shall be set aside (banked) to be subsequently used as vacation or paid at termination. No additions may be made to the bank. The bank is established only to facilitate changeover from unlimited to three times annual accrual rate lim itation on vacation accrual as herein provided.
ARTICLE XXIV - USE OF VACATION
Section 1. Maximum Number of Slots. The maximum number of vacation scheduling slots for representation unit suppression employees is four (4) per platoon on a year- round basis. During the term of the contract, parties agree to meet to discuss the impact of the number of vacation slots per day on daily staffing.
Section 2. Approvals. Vacation scheduling must be approved by the Battalion Chief or Fire Chief. The minimum is twelve (12) hours or more for suppression employees.
Advance vacation schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m.
Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the Finance Department at least two weeks prior to his/her vacation date. The employee's supervisor must verify vacation date on the request.
Section 4. Illness on Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave.
Section 5. When to be Taken. The time at which an employee may use accrued vacation leave and the amount to be taken at any one time shall be determined by the Chief with particular regard for the needs of the City, but insofar as possible, considering 29 the wishes of the employee.
Section 6. Limitation on Use. Employees may not use more than three times their annual rate of accrual in any calendar year period provided, however, that the Chief may grant exceptions to this limitation.
Section 7. Waiting Period. Employees shall complete six months continuous service before using accrued vacation leave.
Section 8. Double Compensation Prohibited. Employees shall not work for the City during their vacation.
Section 9. Cash out Option.
Once each calendar year an employee may cash out eight (8) or more hours of vacation accrual in excess of eighty (80) hours to a maximum of one hundred twenty (120) hours; PROVIDED, that the employee has taken eighty (80) hours of vacation off with pay in the previous twelve (12) months.
ARTICLE XXV - SICK LEAVE
Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Section 9. Sick leave may be used for illness in the immediate family (wife, husband, child, parent, parent-in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee.)
Section 2. Eligibility. Regular employees shall be eligible to accrue and use sick leave.
Section 3. Accrual. Sick leave shall be accrued bi-weekly, provided the employee has been in a pay status for 50 percent or more of a bi -weekly pay period. Sick leave shall be accrued at the rate of six shifts per year.
Section 4. Accumulation. Accumulated sick leave may be accrued without limit, except as provided in Section 8 below.
Section 5. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty -eight (48) hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination.
An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long- term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long- term disability benefits or to utilize the remainder of his/her accrued sick leave prior to 30 applying for long-term disability benefits.
Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence.
When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within 60 minutes prior to his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Such reports may be subject to written documentation. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant.
Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under long- term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding s ixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated.
Section 7. Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Section
8. In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice.
Section 8. Payment for Accumulated Sick Leave. Eligible employees (those hired before December 31, 1983) who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service, shall receive compensation for unused sick leave hours in a sum equal to two and one- half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event of termination due to disability.
For new employees hired after December 31, 1983, sick leave accrual accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at termination for any reason.
Section 9. Personal Business Leave Chargeable to Sick Leave. It is agreed between the parties that all shift personnel represented by the Union shall have the right to charge up to forty-eight (48) hours personal business leave per year to sick leave, and that all non-shift personnel shall have the right to charge up to twenty (20) hours personal business leave per year to sick leave. Such personal business leave shall be allowed 31 only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. "Staffing available" means at or above minimum staffing levels as defined in Article XII.
Section 10. Return to Work or Continue Work With Limited Duty. In cases of non- work-related injury, illness or pregnancy an employee, upon approval of the Fire Chief and the City Safety Officer, may return to work or continue work with doctor -approved limited duty. Approval for such limited duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations.
Shift employees must be willing to accept any non- shift limited duty schedule work location and may be subject to the reasonable availability of limited duty assignments.
The City doctor may be consulted in determining work limitations.
ARTICLE XXVI - SUBPOENAS
Employees required to answer subpoenas as a witness for the City of Palo Alto or for a plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits for work time lost to answer depositions or to appear in court.
ARTICLE XXVII - WORKERS' COMPENSATION
Section 1. Status Reporting While on Disability. Persons on disability will be required to appear or otherwise report at regular two-week intervals to the Fire Chief or designate to discuss his/her status of medical treatment therapy and physical condition. This section is not meant to unreasonably rest rict employee's activities so long as such activities are cleared by the treating physician, treating program or alternative treatment program is maintained and employee is available for full or restricted duty as soon as medical clearance can be received.
ARTICLE XXVIII - PHYSICAL FITNESS MEDICAL EXAMINATIONS
Physical fitness medical examinations for all represented employees may include chest x-rays every three years unless otherwise directed by a physician, eye examination and hearing examination.
ARTICLE XXIX- LEAVES OF ABSENCE WITHOUT PAY
Section 1. Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability.
Leaves of absence for disability are subject to physician's verification including diagnosis and medical work restriction.
32 Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interest of the City. Non- disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum.
Section 3. Accrued Vacation Credits. During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective.
Section 4. Approval of Department Head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case.
Section 5. Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration.
Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment.
Section 7. Leave of Absence; Death Outside the Immediate Family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 2 and Section 4.
Section 8. Military Leave of Absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence.
Section 9. Use of paid accruals while on leave. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require the employee to use accrued vacation paid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shal l not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective.
ARTICLE XXX - LEAVES OF ABSENCE WITH PAY
Section 1. City Manager Granted Leaves. The City Manager may grant a regular employee under his control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he deems adequate and in the best interest of the City.
Section 2. Council Granted Leave. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council considers adequate and in the best interest of the City. 33 Section 3. Employee's Time Off to Vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code.
Section 4. Leaves of Absence; Death in Immediate Family. Leave of absence with pay of one shift with provision for approval of one additional shift for travel outside the area may be granted an employee by the Chief in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, son-in-law, daughter, daughter -in-law, father, mother, brother, brother -in-law, sister, sister-in-law, mother-in-law, father-in-law, grandfather, grandfather-in-law, grandmother, grandmother-in-law, uncle, aunt, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of two shifts shall be subject to the approval of the City Manager.
Section 5. Jury Duty; Leave of Absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence al lowances within thirty days from the termination of his or her jury service.
ARTICLE XXXI – VOLUNTEER LEAVE PROGRAM
The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide members of Local 1319 International Association of Fire Fighters (IAFF) employees the opportunity to donate their accrued vacation time to assist fellow members of IAFF either due to: (a) an employee’s own verifiable non- industrial catastrophic illness or injury (as defined herein) or (b) in order to care for a member of the employee’s immediate family (spouse, child, parent or registered domestic partner suffering from a verifiable catastrophic illness or injury) and have exhausted or will presently exhaust all of their paid leave.
In order to be eligible to receive donated leave, an employee must have a catastrophic illness or injury or an employee’s immediate family member must have a catastrophic illness or injury that requires the employee to provide full -time care for this famil y member. Care will be taken to emphasize the voluntary nature of the plan and to insure confidentiality of employee participants and medical conditions (where applicable).
A Firefighter Voluntary Leave Sharing Program has been established to accept donations of vacation in accordance with the Program’s guidelines. All donations shall be:
1. Voluntary
2. Irrevocable
3. Confidential, unless disclosure is required by law
34 4. In whole hour increments of at least four (4) hours, with the hours donated being converted to donee hours based on the donee’s salary rate (so that there will be no cost to the City due to salary differential).
5. The employee shall be required to exhaust all other types of leave to request donated leave
6. It is understood that employees seeking or receiving leave under this program will apply for long-term disability benefits for which they may be eligible
7. Where any of the period during which an employee receives donated leave is designated as family leave under the California Family Rights Act (CFRA/Family Medical Leave Act (FMLA), the employee will be eligible for continuation of medical and other available benefits during that the family leave period (for up to 12 weeks), in accordance with the requirements of those laws. If the employee receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or after the employee has exhausted the avai lable CFRA/FMLA leave period, the employee will need to pay the premiums for continued medical and other available benefits if the employee chooses to continue such coverages through the City
8. If the donation request is based on the need for an employee to care for an immediate family member, as defined above, the family member must require full- time care by the employee. Certification of this requirement by a health care professional is required
9. The maximum donated time a donee may receive is 12 months (if available).
10. Applications to donate leave or receive leave under this Program are made to the Human Resources Department
11. This is a pilot program and is subject to cancellation by either party
IAFF members interested in donating leave or in applying to receive donated leave shall complete forms provided by the Human Resources Department. If an applicant for leave is found to meet the criteria set forth herein, Human Resources will determine th e availability of and (as applicable) allocation of donated paid leave. Payroll will be notified in writing of the number of hours to be deducted from each donating employee’s vacation balance and transferred to the donee employee(s).
The City reserves the right to modify or terminate this program at any time.
Catastrophic Illness or Injury (also referred to as “medical emergency” in Revenue Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non- occupational medical condition of an employee that will require the prolonged absence of the employee from duty and which will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the Voluntary Employee Leave sharing Program. Non- disability postpartum leave as referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury under this Policy.
ARTICLE XXXII- TUITION REIMBURSEMENT
35 Section 1. Options.
Effective July 1, 2004 the tuition reimbursement program was amended to provide each employee the option of receiving the $1,000 as taxable cash or as a contribution to deferred compensation. The tuition reimbursement program will be eliminated effective July 1, 2012 with no further payouts starting in FY 12-13 and on-going.
ARTICLE XXXIII - PER DIEM TRAVEL EXPENSES
Section 1. City Business. Unless other mutually agreeable arrangements are made, representation unit employees who are required to travel away from the City on City business will receive travel expenses, according to City policies which are currently in effect.
ARTICLE XXXIV - HOUSE FUND ITEMS
Section 1. Station House Fund. The station house fund per year, per shift employee shall be $100.00.
Section 2. Non-Food House Items. The City agrees to furnish and maintain each fire station with non- food house fund items: TV purchase and repair. Kitchen cooking utensils, small kitchen appliances and other specific items to be determined by mutual agreement of the parties will be purc hased from the station house fund. The Fire Fighters agree to maintain the voter registration program.
ARTICLE XXXV- PARKING
Section 1. Entitlements. Employees in represented classes assigned to Civic Center or adjacent work locations shall be entitled to free parking in the Civic Center Garage, or a commute incentive which will be subject to meet and confer. Employees hired after July 1, 1994, may initially receive a parking permit for another downtown lot, subject to availability of space at the Civic Center Garage. Light duty employees assigned to the Civic Center will receive Civic Center parking temporary permits for the duration of the light duty assignment.
ARTICLE XXXVI- GRIEVANCES
The City and the Union agree to establish a grievance procedure as follows:
1. Definition: A grievance is any complaint or dispute regarding the application of interpretation of this Memorandum of Understanding, Department rules, regulations, policies or procedures relating to wages, hours or other terms and 36 conditions of employment.
2. Any non-probationary employee represented by the Union may file and process a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an individual employee becomes subject to dispute.
3. Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing.
4. Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The Union shall deliver a copy of a written grievance to the Human Resources Department Director on the same date that i t is first filed with another City representative under the provisions of the below grievance procedure.
5. The time limits specified in this section may be extended by mutual agreement in writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. The grievance will be considered settled if the decision of any step is not appealed within the specified time limit.
6. If a grievance is related to a promotional process to positions within the representation unit, Step I shall be directed to the Deputy Fire Chief (or Fire Marshal for FPB positions).
7. Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with the immediate supervisor by the end of the tenth business day following the discovery of the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level.
Step II. If the grievance is not resolved through informal discussion, it may be submitted in writing to the Battalion Chief (Deputy Fire Chief for Captain grievances) within ten business days of the informal discussion. The Battalion Chief/Assistant Fire Chief will have ten business days from receipt of the grievance to review the matter and prepare a written response. If the grievance is denied, the response shall contain the reasons therefore.
Step III. If the grievance is not resolved in Step II, it may be submitted in writing to the Fire Chief within ten business days of receipt of the Battalion Chief's/ Deputy Fire Chief's written response. The Fire Chief will have ten business days from receipt of the grievance to review the matter and prepare a written response.
If the grievance is denied, the response shall contain the reasons therefore.
Step IV. If the grievance is not resolved in Step III, the aggrieved employee may 37 submit the grievance to the City Manager for final determination or to binding grievance arbitration. All Step IV appeals must be filed in writing at the Human Resources Department Office within ten business days of receipt of the Fire Chief's response under Step III. All hearings before the City Manager shall be pursuant to the rules and regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings before an arbitrator will be as set forth below.
In the event the aggrieved employee decides to proceed to arbitration, he/she shall select jointly with the Director of Human Resources an arbitrator. If the parties are unable to agree on an arbitrator, they shall jointly request a panel of five qualified and experienced arbitrators from the State Conciliation Service.
Upon receipt of the list of arbitrators, the names shall be alternately struck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the parties.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of the Memorandum of Agreement and such Merit System rules, regulations, policies, procedures, City ordinances or regulations relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision:
a. Regarding matters of interest.
b. Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement.
c. Granting any wage increases or decreases.
d. Granting pay or benefits for any period of time prior to the execution date of this Memorandum of Agreement.
Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of the Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this Memorandum of Agreement.
The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Copies of the arbitrator's decision shall be submitted to the City and the aggrieved employee. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union.
It is further agreed that the provisions of this section shall be incorporated as part of Chapter 11 of the City of Palo Alto Merit System Rules and Regulations.
Existing procedures set forth in Chapter 11, to the extent they are inconsistent with the provisions contained herein, are superseded.
38 ARTICLE XXXVII- SAFETY COMMITTEE
Section 1. Committee A Safety Committee comprised of four representation unit members appointed by the Union, and at least two members of Management, will continue to meet. The Committee may make safety recommendations to the Fire Chief regarding equipment, vehicles and appara tus and may review all accidents involving represented personnel. Management shall inform the Safety Committee of all accidents involving injuries to represented personnel.
ARTICLE XXXVIII – MISCELLANEOUS
Section 1. Section 1. Uniforms.
The value of the purchase, rental and/or maintenance of the required uniforms shall be reported as special compensation to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Based upon existing uniform standards and the City’s cost experience, the value of this benefit shall be reported as $15.31 per pay period.
The City will supply complete uniforms as described in Fire Department Policy 1031. The City will issue four T-shirts to each uniformed employee each July These T-shirts are for use on duty only and will be maintained by the employee.
Section 2. Removal of Disciplinary Actions. Records of disciplinary actions shall be removed from the personnel file of a representation unit employee upon written request by the employee after a period of three years, or sooner if mutually agreed by the Fire Chief and the employee. If the disciplinary action involved violations of the City’s anti - harassment policy, state/federal harassment or discrimination laws, or if there have been subsequent violations of the same policy during the three- year period, the Fire Chief may deny the request for removal. In such cases, the employee may request a review meeting with the Fire Chief or designee, Union President or designee, and Human Resources. The final decision following this review meeting is final and not subject to any grievance or appeal rights.
ARTICLE XXXIX - FULL UNDERSTANDING
Section 1. Full and Entire Understanding. The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein.
39 Section 2. Fair Labor Standards Act. Compensatory time off with Management approval may be used as an alternative to overtime compensation only within the 27- day work period within which the overtime is worked.
Section 3. Severability. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation or by reason of State or U.S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable.
Section 4. Good Faith. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Understanding be administered and observed in good faith.
Section 5. Merit System Rules and Regulations. During the term of this Memorandum of Agreement, Management may propose certain changes in the City Merit System Rules and Regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, me et and confer regarding the changes.
Section 6. Station Consolidation or Relocation . During the term of this agreement, at management request, the parties agree to meet and confer with regard to issues pertaining to fire station consolidation or relocation.
Section 7. Meet and Confer. Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement.
ARTICLE XL – 48/96 Work Schedule
The regular schedule for 56 hour personnel will be under a “48/96” model. With the adoption of this “48/96” schedule the parties agreed to revise Fire Department policy 205.6 typical workday and 1009.8.1 Reporting for Duty- Holidays.
ARTICLE XLI – FUTURE SERVICE DELIVERY MODELS
Effective upon request of the City, the parties will meet and confer in good faith regarding the service delivery model of current inspection services and transport during the term of this Agreement.
ARTICLE XLII - DURATION
This Memorandum of Agreement shall become effective upon ratification by both parties hereto and remain in effect through June 30, 2028. 38 EXECUTED:
FOR: FOR:
INTERNATIONAL ASSOCIATION CITY OF PALO ALTO
FIRE FIGHTERS
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