1 Memorandum of Understanding
Between
Patterson Fire Fighters Association
IAFF Local 4577
and
City of Patterson
July 1, 2022 – June 30, 2025
Approved by City Council on May 2, 2023
2 Table of Contents
1. TERM OF AGREEMENT............................................................................................................ 3
2. RECOGNITION............................................................................................................................ 3
3. MANAGEMENT RIGHTS........................................................................................................... 3
4. BARGAINING UNIT DEFINED ................................................................................................ 3
5. UNION SECURITY...................................................................................................................... 4
6. EMPLOYER-EMPLOYEE RELATIONS................................................................................... 4
7. SALARY/COMPENSATION...................................................................................................... 8
8. HEALTH AND WELFARE BENEFITS ..................................................................................20
9. RETIREMENT ............................................................................................................................26
10.WORK HOURS ..........................................................................................................................28
11.HOLIDAYS AND LEAVES........................................................................................................31
12.SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE .................................................36
13.FILLING VACANCIES...............................................................................................................39
14.PERFORMANCE EVALUATIONS..........................................................................................42
15.PROBATIONARY STATUS.....................................................................................................42
16. GRIEVANCE PROCEDURE/DEFINITIONS........................................................................43
17. DISCIPLINARY PROCEDURES.............................................................................................45
18.SENIORITY ................................................................................................................................49
19.LAYOFF PROCEDURE.............................................................................................................50
20. UNIFORM PROVISION...........................................................................................................51
21. TUITION REIMBURSEMENT ...............................................................................................53
22. OUTSIDE EMPLOYMENT......................................................................................................53
23. FAIR EMPLOYMENT PRACTICE .........................................................................................54
24. NON-DISCRIMINATION POLICY.........................................................................................54
25. SEVERABILITY ........................................................................................................................54
26. PAST PRACTICES....................................................................................................................54 3 MEMORANDUM OF UNDERSTANDING
between
THE CITY OF PATTERSON
and
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 4577 PATTERSON FIREFIGHTERS’ ASSOCIATION
1. TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be in full force and effect for the three-year period commencing on July 1, 2022 and ending at midnight on June 30, 2025.
2. RECOGNITION
The City of Patterson (hereinafter "the City") recognizes IAFF Local 4577 (hereinafter "the Union") as the exclusive representative for labor relations purposes of all regular and probationary employees in the Fire Bargaining Unit.
3. MANAGEMENT RIGHTS
The City retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the City in all of its various aspects, including, but not limited to, the right to direct the working forces; to plan, direct and control all of the operations and services of the City; to determine the methods, means, and organizations by which such operations and services are to be conducted; to assign and transfer employees, to hire, promote, demote, suspend, discipline, discharge or relieve employees due to lack of work or other legitimate reasons; to change or eliminate existing methods, equipment or facilities; and to take such other action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
The above enumeration of management rights is not inclusive and does not exclude other management rights not specified, nor shall the exercise or non-exercise of management rights retained by the City be construed to mean that any right is waived.
The City agrees in the exercise of the management functions to comply with the provisions of this Memorandum of Understanding, and that nothing herein shall relieve the City of its obligation to meet and confer with the Association over the impacts and effects of any proposed changes not addressed within this Memorandum of Understanding
4. BARGAINING UNIT DEFINED
The Fire Bargaining Unit includes the following classifications: Firefighter, Firefighter Paramedic, Engineer, Engineer-Paramedic, Captain, Captain Paramedic and Captain/Training Officer. 4 5. UNION SECURITY
Following receipt of notice from the International Association of Fire Fighters, Local 4577 Patterson Firefighters Association (PFA) that written authorization has been provided to the Union by members in the unit, the City shall deduct from the paychecks of employees, Union dues in the amount to be determined annually by the Union twice monthly for a maximum of twenty-four (24) deductions per year. The City shall provide a check or directly deposit said dues into a bank account designated by the Union within five (5) business days of each regular paycheck.
The Union, in consideration for and as a condition of the City withholding and transmitting payroll deductions will hold harmless the City of Patterson, its officers, and employees from any and all liability that may result from making, changing or canceling requested deductions.
Any questions regarding due or membership shall be directed to the Association.
Except by mutual agreement the City will notify the Association not less than ten (10) calendar days prior to a new employee orientation. The City will provide the Association with the opportunity to make a presentation of up to thirty (30) minutes during the new employee orientation and will provide the Association with employee information upon request. The parties agree that this complies with the Association’s rights under state law.
6. EMPLOYER-EMPLOYEE RELATIONS
A. Access to Personnel Files
Employees, or Union representatives with written permission from the employee, may inspect their individual personnel files upon request, in writing, to the Human Resources Director, at reasonable intervals during regular business hours of the City.
Reasonable requests for copies of personnel files contents will be provided without cost to the requesting party. Employees will be notified if a member of the public requests information from the employee's file.
B. Access to Work Sites
The Union Business Agent may access City work sites, following reasonable notice to the City Manager, in order to observe working conditions, post materials on bulletin boards, or meet with employees regarding matters within the scope of representation.
Such access shall not disrupt or interfere with the operations of the City. The presence of the Business Agent on a job site shall not be considered a disruption when the Business Agent has given reasonable advance notice of his/her intent to be present.
C. Adding/Deleting Classifications
The City agrees to meet and confer with the Union prior to adding or deleting any job classification from the Fire Unit.
D. Confidential/Management Designation
The City agrees to meet and confer with the Union prior to establishing any represented position as confidential or management.
5 E. Contracting Out Work
The City agrees to meet and confer with the Union prior to contracting out any work normally performed by bargaining unit employees.
The City further agrees that work performed by employees of the bargaining unit will not be performed by non-bargaining unit employees if such work would displace a regular employee of the bargaining unit.
1. Exception: The Department recognizes the need to maintain staffing levels. In the event, all efforts to fill positions through normal means (recall procedures) have been exhausted the use of reserve firefighters may be used to maintain staffing levels.
2. Reserve firefighters may also be used to fill a position while the recall procedure is taking place.
F. Department Rules
All department guiding documents (Standard Operating Guidelines, Policies, Standard Operating Procedures, Memo’s, Memorandum of Understandings, etc.) shall be accessible to Union employees.
Pursuant to Government Code Sections 3503 and 3504, the Union shall have the right to represent its members in their employment relations with the City. The scope of the Union’s representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment.
Pursuant to Government Code Section 3500, no term or condition of employment will be changed in the future without meeting and conferring with the Union.
G. Committees
1. Labor-Management Committee
A. There shall be a Labor-Management Committee consisting of three (3) representatives of the Union and three (3) representatives of the City. The purpose of the Committee is to facilitate improved labor-management relationships by providing a forum for the free discussion of mutual concerns and problems which may include discussion of the implementation of new department programs or modifications of existing department programs that will have an impact on work schedules or duties. Professional decorum shall be maintained at all times.
B. The Committee shall meet on an as needed basis at mutually scheduled times.
C. Representatives of the Union on the Committee shall not lose pay or benefits for meetings mutually scheduled during their duty times.
D. The Committee may be supplemented by representative(s) of the City Manager if necessary.
E. The Committee may, if it deems proper, suggest recommendations to the Fire Chief and the City Manager for their consideration and determination. 6 F. The City will provide a note taker to the Committee.
2. Sub-Committees
The City and Association agree to add a sub-committee(s) to the Labor Management Committee to address various operational issues to include any labor relations issues, station improvements as well as apparatus, PPE, and station equipment configuration ideas and purchasing needs.
The Association understands that the City has the ultimate decision.
H. Union Stickers
All Patterson Fire Department apparatus and other vehicles shall display the IAFF three-inch (3”) window decal in the right lower corner of the windshield or similar location so as to be visible but not obscure the driver’s vision field in any way. It shall be the responsibility of the Union to provide and maintain the decals in a state of good condition at all times.
At the option of each employee in the Union, they may affix a two-inch (2”) IAFF gold reflective decal to the underside of the rear brim of their fire helmet. It shall be the responsibility of the Union to provide the decals to each employee.
I. Job Stewards
The bargaining unit is authorized two job stewards, one of whom shall serve as alternate job steward, to act in the absence of the job steward. Job stewards shall be allowed to meet with an employee(s) on City time to receive and/or investigate alleged grievances or complaints. Such meetings and investigations shall be of reasonable length and not disrupt the operations of the City.
Investigations by the job steward shall not be considered a disruption if the job steward has notified and received approval from his/her immediate supervisor of his/her intent to conduct the investigation. Such approval shall not be unreasonably denied.
Job stewards shall be allowed, on City time, to represent an employee(s) before management at each step of the grievance procedure or when requested by an employee having a meeting with management which involves or could lead to his or her disciplinary action.
J. Negotiators
The bargaining unit is authorized to have two (2) on-duty negotiators participate in any given negotiation meeting with the City.
Negotiators shall be given paid time off to meet and confer with the City when meetings are scheduled during the individuals’ normal working hours.
Minimum staffing levels will be maintained in accordance with Section VII (J) Minimum Staffing.
K. No Discrimination
The City will not discriminate or take adverse action against any represented employee because of membership in the Union, participation in lawful Union activity, or exercising the right to Union representation.
7 L. No Strike/No Lockout
The parties agree there will be no strikes and no lockouts during the term of the MOU.
M. Notice of New Hires
The City agrees to notify the Union of new hires to the bargaining unit, by name, within ten days of hire.
N. Payroll Deductions
The City agrees to use payroll deductions for Union dues, Union assessments (up to two (2) times per fiscal year), and for Union sponsored insurance premiums or retirement plans, without charge to the Union or the Union member.
The Union shall provide appropriate documentation/notification to authorize such deductions.
O. Posting Union Information
1. The Union may post information at job site bulletin boards.
2. A copy of posted information shall be approved by the Human Resources Director or designee.
3. Such postings shall not be unreasonably denied.
4. The City shall provide suitable space for bulletin boards in City fire stations.
5. The Union shall use designated bulletin board space no larger than 48” X 48”.
6. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business. Posted materials shall not be obscene, defamatory, or of a partisan political nature, misleading, violative of any Federal, State, or local ordinance, law, statute, or rule. Such material shall not pertain to public issues which do not involve the City and its relations with employees.
P. Representation Rights
Employees will be informed of their right to have a union representative present prior to being questioned to obtain information which may be used to support a disciplinary action.
This right to representation includes an employee being questioned regarding a “reasonable suspicion” or “for cause” drug or alcohol test.
Q. Provision of Information to the Union
The City agrees to provide budget-related information to the Union without charge.
R. Attendance of Union Meetings During Work Hours
Union members shall be allowed to attend Union meetings while on-duty under the following conditions:
1. The number of regular Union meetings cannot exceed twelve (12) in each calendar year.
2. The meeting duration shall not exceed two (2) hours.
3. Not more than one regular meeting can be held in any one month.
4. All meetings shall be scheduled after 1800 hours.
5. The Union shall give the Duty Chief reasonable notice of the date and time of each meeting. 8 6. On-duty attendance at Union meetings may be denied if it would unduly interrupt the operations of the City.
7. Attendance of special meetings may be allowed at the discretion of the Fire Chief.
The City will allow the use of City facilities for Union meetings at no cost to the Union.
7. SALARY/COMPENSATION
A. Cost of Living Adjustments (COLA)
Effective July 1, 2022, all Unit employees shall receive a 4% base pay salary increase. The pay increase shall be processed as soon as administratively feasible after the MOU is approved by Council.
Effective July 1, 2023, all Unit employees shall receive a minimum COLA of 3%. In addition, all Unit employees are eligible to receive, subject to availability of funds provision ‘C’ below, a cost of living adjustment for amounts in excess of 3% equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), for amounts in excess of 3% but not more than 5%.
Effective July 1, 2024, all Unit employees shall receive a minimum COLA of 3%. In addition, all Unit employees are eligible to receive, subject to availability of funds provision ‘C’ below, a cost of living adjustment for amounts in excess of 3% equivalent to the percent change in the consumer price index for the period February of the prior year to February of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), for amounts in excess of 3% but not more than 5%.
B. Equity Increases – Additional Salary Steps (Subject to Availability of Funds Provision ‘C’ Below:
Effective July 1, 2022, The City shall add 2 five percent (5%) steps to each classification covered by this MOU. Employees will be eligible to move into these new salary steps upon their anniversary in accordance with existing City rules.
Progression through new salary steps is contingent upon availability of funds annually.
Effective July 1, 2022, employees not yet at the current step-E as of June 30, 2022, shall be eligible to advance an additional salary step, during FY2022-2023, on their next anniversary date, with a favorable evaluation.
Abolishing current salary steps 1 & 2:
i. One year after implementation of the new salary steps the existing step 1 of the salary range will be frozen and no new employees will be placed in this step. Any existing 9 employees in step 1 will progress out of this step in accordance with existing City rules. The current step 1 will be abolished when there are no incumbent employees remaining in the step.
ii. Two years after implementation of the new salary steps the existing step 2 of the salary range will be frozen and no new employees will be placed in this step. Any existing employees in step 2 will progress out of this step in accordance with existing City rules. The current step 2 will be abolished when there are no incumbent employees remaining in the step, restoring a five (5) step salary range by the end of the MOU.
C. Availability of Funds:
For years 2 & 3 of the MOU any increase in excess of 3% but not more than 5% in accordance with the CPI provision above and progression through new equity steps pursuant to the compensation study shall be subject to the availability of funds criteria below:
1. In years 2 and 3 of this agreement, for each one percent (1%) increase in the local sales tax revenue rounded to the nearest one-half percent (.5%), base wages may be increased by onehalf of the percentage rounded to the nearest one-quarter percent (.025%), beyond the minimum COLA of 3%. (Examples: A revenue increase of 4% will support a total CPI increase of up to 5%, 2% beyond the minimum COLA of 3%. A revenue increase of 0% will yield a CPI increase of 0% beyond the minimum COLA of 3%.)
2. In years 2 and 3 of this agreement the maximum total CPI increase supported using this formula shall be five percent (5%) based on a four percent (4%) increase in local sales tax revenue.
3. In the event of a projected deficit in the General Fund for Fiscal Years 2023-2024 or 2024- 2025, on or before April 1 of each year, the City Manager, Human Resources Director, Finance Director and up to three representatives of the Association will meet to review in good faith the City’s overall fiscal condition and reach a determination on whether salary increases, COLA or Equity step adjustments, can be implemented during the upcoming fiscal year in a way that does not create an undue financial hardship on the City. If the increase is denied, the parties agree that the City Manager’s decision on this matter shall be final and not subject to any form of appeal.
D. Call-Back Compensation
Call-backs shall be compensated at time and one-half the regular rate of pay.
Payment will be made for the greater of a two (2) hour minimum or actual time worked. A second two-hour minimum will apply if a second call is received more than two hours after the employee arrives at work following the first call.
For the purpose of calculating time worked, time normally begins when the employee arrives at the fire station or incident.
10 E. Out-of-Class Compensation
Employees designated by the Fire Chief or designee as performing the duties of a higher class due to vacation, illness, leave, vacancy, or when dictated by the needs of the City shall receive out-of-class pay equivalent to the minimum salary rate for that position such that the minimum adjustment would be at least five percent (5%) above the employee's current salary, for all hours out-of-class duties are performed.
The nature of the assignment must be that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification.
Employees selected for the assignment shall meet the minimum requirements [as referenced in Section 7 (V)] and complete the assigned task book for the higher classification. Preference shall be given to those on the appropriate promotional list.
The Fire Chief shall publish a “Primary Out-of-Class List” consisting of the most current promotional list for a given rank and a “Secondary Out-of-Class List” consisting of a list of all personnel meeting the minimum requirements in Section 7 (V), but not on the respective promotional list for that rank.
Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures.
In the event of a need for an acting position when no personnel are available from the promotional or eligibility list the Chief or designated representative shall select an employee from those on duty who the Chief determines possesses the necessary ability to perform the functions of the acting position.
No employee shall be required to work out-of-class for more than twelve (12) consecutive months.
F. Overtime
For the purpose of calculating overtime, all hours worked in excess of the employee’s regularly scheduled hours shall be compensated at the rate of one and one-half (1.5) times the employee’s regular rate of pay, including holiday pay.
For the purpose of compensating regularly scheduled FLSA overtime, the City will pay employees
6.76 hours at one-half (½) the regular rate of pay each twice monthly pay period. Regularly scheduled hours compensable as FLSA overtime are based on 192 work hours in a 24-day rolling period, with an FLSA overtime threshold of 182 hours in the 24-day rolling period for fire suppression / shift personnel. Paid leave usage shall not reduce an employee’s entitlement to this additional compensation, and these payments shall be reported to PERS as compensation earnable.
All hours in a paid status shall be counted for the purpose of calculating overtime compensation.
An employee may be required to work hours in excess of the standard FLSA pay cycle under the following conditions:
1. The department head or designee shall first determine which employee(s) are qualified to perform the work.
2. The department head or designee shall then offer the work to the qualified employee(s) in accordance with the “Filling of Overtime Positions” procedure below.
3. If an insufficient number of employees voluntarily accept the offer of work, the department head may require the employee(s) to work in accordance with the procedure below. 11 G. Overtime Availability Forms
The overtime availability forms will be a bucket style.
1. Overtime Availability Form – Used for regular overtime filling procedure. Rank Specific Forms (Captain, Engineer, and Firefighter)
2. Mandate Availability Form - used in the mandate process, a single list.
When someone works hours in excess of their regular shift hours will be added to the appropriate bucket list.
1. Overtime Availability Form
A. Hours are added when:
i. A person accepts overtime. Once overtime is awarded and the hours are added to their bucket they will not be removed, even if the person cancels the overtime shift. The only exception is when a person cancels a vacation request in accordance with Section 11(B) where both parties agree to cancel the vacation request. ii. When a person is on overtime on strike team hours will be added to their Overtime Availability Form bucket.
B. Reasons to not add hours to a person’s bucket are as follows:
i. When a person is mandated hours will not be added to their Overtime Availability Form bucket, they will instead go into the Mandate Availability Form bucket. ii. When a person accepts emergency overtime in accordance with Section 7(H).
2. Mandate Availability Form
A. Hours are added when:
i. A person is mandated to work, the number of hours they are mandated for will be added to their bucket on the Mandate Availability Form.
The bucket style list will operate where the person with the least number of hours in their bucket will be at the top of the list and the person with the greatest number of hours will be at the bottom of the list. Personnel at the top of the list will be awarded the assignment first and the personnel at the bottom last.
If two people have the same number of hours on the Overtime Availability Form, then the person with the most in rank seniority will be higher on the list.
If two people have the same number of hours on the Mandate Availability Form, then the person with the lowest department seniority will be higher on the list. New lists will be established January 1, 2023, and at the same interval as a shift bid.
To establish the new lists:
1. Overtime Availability Forms – Used for regular overtime filling procedure. Established with in class seniority. The person at the top of the list will be the most senior person in class. 12 2. Mandate Availability Forms – used in the mandate process.
Reverse Seniority by hire date – Least senior person at the top of the list.
Personnel returning from FMLA, workers compensation, or military leaves lasting greater than ten (10) consecutive shifts will have their hours on the Overtime Availability and Mandate Availability forms set to the average number of hours on the list.
A new hire will have their hours set to the highest number of hours on the Overtime Availability Form and to the average number of hours on the Mandate Availability Form.
H. Filling of Overtime Positions - Procedure
1. Routine Overtime
a. Take the Overtime Availability form for the position to be filled and complete the form as follows:
Check the box for the position to be filled, either Captain, Engineer, or Firefighter i. Fill Order:
a. Captain: Captain or Acting Captain
b. Engineer: Engineer, Acting Engineer, or Captain
c. Firefighter Paramedic: Firefighter Paramedic, Engineer Paramedic, or Captain Paramedic
d. Firefighter: Firefighter, Engineer, or Captain
Enter the date and time to be filled.
Check the box for the station to be filled.
Place and leave this copy in the overtime book for a minimum of 30 days.
After you fill the overtime, you are working on and change the form, make a new copy of the form, and place the new copy on the bulletin board with the current date and time listed on top.
b. When and if an automated option becomes available it shall conform to this section of the MOU. When an automated option for filling overtime is not available calling for overtime should be started by the following procedure:
Overtime callback, should be started twelve (12) days before the first shift to be filled or the day it becomes available at or close to 1600 hours, as long as doing so will not interrupt the normal workday.
At or close to 1000 hours, send a text message utilizing the Department messaging system to all personnel indicating what shifts need to be filled.
Personnel have until 1200 hours to respond via e-mail what overtime they want to work.
At or close to 1600 hours, the Captain filling the overtime will utilize the appropriate Overtime Availability forms to fill the shifts needed.
After each shift filled, complete an Overtime Availability Form. Personnel shall be notified that they were awarded overtime around 1600 hours. When all personnel in one category have been exhausted, then the other category will be used, (example: when all 13 Captains have been exhausted to fill a Captains position, then switch to the Engineer list; and when all the Engineers have been exhausted to fill an Engineer’s position, switch to the Firefighter list, and when all Firefighters have been exhausted to fill an Engineer position, switch to the Captain’s list; and when all Firefighters have been exhausted to fill a Firefighter position, then switch to the Engineer list, and when all Engineers have been exhausted to fill a firefighter position switch to the Captain’s list).
Eligibility shall be verified when filling overtime from out-of-class, in accordance with (C) of this Section: Eligibility for Trade Time, Overtime, and Out-Of-Class pay.
Personnel will be eligible to fill overtime except to fill a vacancy on their assigned shift.
2. Emergency Call-Back
When the need for personnel is immediate and for less than 24 hours, emergency callback may be accomplished by manual or automated text messaging and/or phone calls.
The first person of the proper rank that can be at the requested assignment within 15 minutes will be accepted and shall remain in the same position on the appropriate Overtime Availability form.
As the appropriate technology becomes available, it may be used as a substitute or an addition to pager tones.
3. Living Boundaries
The City has a priority system designed to recruit employees that live within a reasonable proximity to the City. The priority hiring tiers are as follows:
• Tier 1 Priority: Applicant lives within 45-mile air mile radius • Tier 2 Priority: Applicant lives within 90-mile air mile radius • Tier 3 Priority: Applicant outside of 90-mile air mile radius I. Maintaining Information on Overtime Availability Forms It shall be the responsibility of the employee to make sure that the phone number on the current Overtime Availability form is current.
The employee will list only one phone number on the Overtime Availability form.
J. Minimum Staffing
1. There will be a minimum staffing level of three (3) City of Patterson career firefighter personnel per station and assigned apparatus (Captain, Engineer, and Firefighter). One (1) of the three (3) City of Patterson career firefighter personnel must be a licensed Paramedic.
2. Under no circumstance shall an employee leave duty, without his/her relief being present.
3. If it is anticipated, on-duty personnel may be committed to an incident for two (2) or more hours, emergency call back shall be instituted in accordance with Section 7, (H.2) Emergency Callback. It is not necessary to wait until the personnel have actually been committed for two (2) hours. As soon as the appropriate Captain or Chief Officer reasonably anticipates a two (2) or more hour commitment, emergency callback should be started. 14 4. In order to ensure constant staffing, the Training Captain may work “shift” overtime at his/her corresponding fifty-six (56) hour employee rate of pay.
5. The Training Captain may be used to fill “shift” overtime only after all other eligible employees have been offered the overtime and have refused.
6. The Training Captain cannot be mandated to work “shift” overtime.
K. Mandating of Personnel for Overtime
Prior to a mandate occurring for a specific date and time, all efforts will be exhausted made to hire on voluntary basis overtime for vacancies to include moving qualified personnel working on that particular date/time from their primary position into a lower or higher rank (based on qualifications) to accommodate an employee requesting to work overtime, but not qualified to work in the rank associated with the vacancy.
When the first eligible person on the Mandate Availability form will be mandated for the overtime, mandated personnel will be notified via phone call and work e-mail of the mandate.
EXCEPTION: A person on a leave included in Section 11 and 12 will not be mandated unless there is an emergency and no one else can be contacted. For the purpose of this paragraph, leave is counted from the time the person gets off duty on his/her last scheduled shift until the time he/she is scheduled to return on his/her next scheduled shift. In the case of an exception the next eligible person on the Mandate Availability form who is scheduled to work prior to the mandate will be mandated for the overtime. A person taking a Fire Service class, approved by the Fire Chief or their designee, will not be mandated on a day they are expected to be in class unless there is an emergency and no one else can be contacted.
A person mandated for overtime will not have hours added to their bucket on the Overtime Availability form.
L. Special Call-Back Assignments
The Association agrees that for special call-back assignments, the call-back procedure may not be followed.
Special call-back assignments are duties that are not done on a daily or routine basis or require an extended time to follow and bring to a close. They include the following:
Strike Team Leaders Assistant
Strike Team Leaders
Training instructors
Individuals attending training classes
Fire prevention and public education
Specialized skills
Individuals that are filling special call-back assignments are not considered part of minimum staffing. Minimum staffing standards must be met by the call-back procedure.
Individuals who work over twelve consecutive hours shall have their names moved to the bottom of the call-back list.
15 The City agrees to fill special call-back assignments as equitably as possible, so all qualified individuals have the same opportunities.
M. Strike Team Lodging
Employees deployed on Strike Teams will receive reimbursement for lodging expense in compliance with the City Travel Policy. When possible, the Officer-In-Charge, may be provided a City credit card for lodging expenses incurred by employees on Strike Team deployments.
N. Strike Team Return – Time Off
Upon return from a Strike Team deployment of ninety-six (96) hours or more, any City of Patterson career firefighter may utilize their paid leave bank(s) to allow for proper rest, as outlined below:
1. An employee who returns from deployment prior to 1900 hours on their scheduled duty day, may utilize their paid leave bank(s) for the remainder of that day.
2. An employee who returns from deployment after 1900 hours on their scheduled duty day, may utilize their paid leave bank(s) for the remainder of that shift and if necessary, the first twelve (12) hours of the next scheduled duty day.
3. An employee who returns from deployment one day prior to their scheduled duty day prior to 1900 hours, may utilize their paid leave bank(s) for the following twelve (12) hour day shift.
4. For any time not covered by the section, an employee who returns from deployment may utilize sick leave for any portion or all of the tour following their return from deployment.
O. Salary on Promotion
Any employee receiving a promotion shall start on the first step of the salary range of the class which provides for a salary increase of at least five (5) percent, provided however, such salary shall not exceed the salary set forth in the top step of the new class.
When the promotion includes the assigned responsibility of supervision over other employees, the salary level shall be increased by assigning the promoted employee to a higher step within the salary range to allow the annual salary to be above the salary of those they supervise.
P. Salary on Demotion
When an employee is voluntarily demoted, a mutually agreed upon pay step in the designated range shall be assigned.
When an employee is demoted as a result of disciplinary action, the step shall be set by the appointing authority imposing the discipline.
Q. Salary on Re-employment
Upon re-employment, an employee shall be assigned the same step in the salary range that had been attained prior to layoff.
Benefit accruals shall be equal to the benefit level the employee attained prior to layoff, except as precluded by applicable law.
R. Certification and Education Incentive Pay
16 Certificate and education incentive pay will be available as follows (not rank specific except where noted):
1. 2% - SFM Instructor III or SFM Fire Instructor I.
2. 2% - SFM Company Officer or SFM Fire Officer (*excluding Captains*) (Program series completed)
3. 2% - SFM Chief Fire Officer or SFM Chief Officer (program series completed)
4. 2% - Rescue Technician or Rescue Specialist (No partial credit):
FSTEP Trench Rescue
FSTEP Confined Space Rescue
Swiftwater Rescue Tech I
SFM Rescue Systems I
SFM Rescue Systems II
5. 2% - SFM Haz Mat Tech
6. 2% - SFM Haz Mat Spec
7. 2% - Rescue Specialist (No partial credit/Must meet the qualifications of Rescue Technician):
SFM Rope Rescue Technician
SFM Rescue Systems III
SFM Auto Extrication
SFM Rapid Intervention Crew Tactics (R.I.C.)
SFM Firefighter Survival
8. 2% - EMT Instructor (Paramedic and Fire Instructor I or Fire Instructor III requirement)
9. 1% - SFM Fire Apparatus Driver/Operator I (*Firefighters only*) (Must be on promotional or eligibility list)
10. 1% - SFM Fire Apparatus Driver/Operator Instructor
11. 1% - FSTEP Trench Rescue Instructor
12. 1% - FSTEP Confined Space Rescue Instructor
13. 1% - Swiftwater Rescue Instructor or SFM River and Flood Rescue Instructor
14. 1% - SFM Rescue Systems I Instructor
15. 1% - SFM Low Angle Rope Rescue Operational Instructor (L.A.R.R. O.)
16. 1% - SFM Rapid Intervention Crew Tactics Instructor (R.I.C.) or IAFF Fire Ground Survival Instructor
17. 1% - SFM Auto Extrication Instructor
18. 1% - SFM Haz Mat First Responder Operational Instructor (F.R.O.)
19. 2% - SFM Fire Investigator or SFM Fire Investigator II 17 20. 2% - SFM Fire Inspector I
21. 2% - AS/AA or AAS/AAA Degree in Fire Science discipline or related fields
22. 2% - BA/BS or BAS/BAA Degree in Fire Science discipline or related fields
23. 2% - Bilingual Pay (must successfully pass the Bilingual Test administered by Human Resources.)
All equivalent previous or future track certifications shall qualify for the education and certification incentive pays listed above.
The Maximum Education and Certification Incentive pay a represented employee shall receive is six percent (6%).
S. Training Program
It is the intent of the Patterson Fire Department to provide an opportunity for personnel to train together by allowing for one (1) training a month to occur in which off duty personnel may participate with those on-duty.
The Patterson Fire Department’s training program will consist of department wide training exercise three (3) times each year and once per shift. Off duty members are encouraged to participate and shall be compensated for time worked.
Dates and times shall be determined by the Training Division Chief. Subject matter will also be assigned by the Fire Chief/Training division, however input from line personnel is always welcome. In most cases on duty line personnel will be responsible for delivery of training unless other arrangements are made through the training division.
Every effort will be made to schedule the trainings during the daytime on weekdays.
T. Compensation for Training Time
With approval of the Fire Chief, all time for attendance at training/testing during regular work hours will be compensated as regular time worked.
Voluntary attendance at career advancement/promotional training/testing which takes place outside the normal work shift will not be compensated as overtime.
Employees who are required to attend training/testing to fulfill the requirements of their job description, or required to attend by the Fire Chief, during off-duty hours shall be compensated as time worked for the time actually in training.
Time spent travelling to and from required trainings/testing shall be compensated regardless of whether the travel hours fall during the employee’s regular work hours.
U. Instructor Training Assignment
Employees who are assigned by the Chief or his/her designee to perform Instructor Training duties while on-duty shall receive paid release time for all hours instructing, preparing, and traveling.
Minimum staffing levels shall be maintained at all times while employees are performing Instructor Training Duties.
18 V. Minimum Requirements
The following are minimum requirements for the positions specified:
1. Firefighter:
High School diploma/GED.
Meet the minimum CSFTES requirements of State Firefighter 1.
Current EMT 1A (AED), Stanislaus County EMS Agency accreditation within sixty (60) days of appointment.
Clear and current California Class C license (Firefighter endorsement to be obtained by the end of the probationary period) to be maintained as a condition of employment.
2. Engineer:
Meet the requirements of Firefighter plus;
Completion of CSFTES Driver-Operator 1A and 1B.
Minimum two (2) years as a career Firefighter with the City of Patterson and completion of CSFM Driver/Operator 1A certificate and CSFM Driver/Operator 1B certificate.
Must obtain CA DMV Class C with firefighter endorsement within probationary period.
3. Those employees in the Fire Engineer classification as of January 1, 2008 are exempt from the Firefighter and Engineer requirements as listed above.
4. Captain:
Meet the requirements of Firefighter and Engineer plus; Completion of the CSFTES State Fire Officer series.
Minimum two (2) years as a career Engineer with the City of Patterson.
The above requirements shall be met for all personnel applying for said position, to work a shift exchange, overtime and/or working out-of-class position.
Captains hired prior to January 1, 2013, and individuals on the current promotional list, shall not be subject to a “Minimum two (2) years as a career Engineer with the City of Patterson” for the Captain requirements of Section 7 (S).
For purposes of receiving Education Incentives, all “Task Book” requirements in the new MOU will not become effective for employees in the firefighter classification until January 1, 2014.
For Captains promoted prior to January 1, 2013, Fire Officer Series class requirements and Engineer requirements in Section 7 (S) of the new MOU will not become effective until January 1, 2014.
W. Training Captain
The Training Captain position shall receive a ten percent (10%) premium base wage increase.
X. DMV
DMV license fees (excluding Class C) required for performance of duties shall be paid or reimbursed by the City.
19 Medical examinations required for the appropriate California driver’s license shall be paid for by the City.
Y. ADVANCE LIFE SUPPORT (ALS)
Paramedic Classification Pay
So long as the City determines ALS service shall be provided, all employees certified as Paramedics through the State of California and Stanislaus County EMS Agency shall be placed in the Paramedic classification within their respective rank.
In accordance with the salary schedule herein, Firefighter Paramedic, Engineer Paramedic, and Captain Paramedic ranks shall be paid at 10% above their corresponding non-paramedic classification.
Any Paramedic employee who loses their Paramedic certification through the State and/or Stanislaus County EMS Agency shall be automatically demoted to his/her rank respective nonParamedic classification. Reinstatement of Paramedic classification in this instance will occur if the employee reinstates his/her license.
Paramedic Staffing
The City of Patterson will operate all staffed apparatus as a non-transporting ALS companies with a minimum of one (1) primary paramedic personnel assigned to the apparatus at all times. The only exception to this staffing requirement is when it is necessary for the assigned paramedic to accompany the patient to the hospital in the transporting ambulance.
It is agreed a firefighter/paramedic provides the best model for company continuity and safety.
Paramedic engineers or paramedic captains may be utilized as the primary paramedic on ALS companies.
Primary Paramedic
Staffing of ALS companies with a primary paramedic will be accomplished with due regard for the program, employees, and so long as all provisions of the MOU are complied with.
When a non-paramedic classification bargaining unit vacancy occurs, any qualified Paramedic may apply. If selected, the employee will be appointed to the new position and relieved of their obligation to remain licensed as a Paramedic, provided the City has sufficient firefighter/paramedic personnel to staff designated ALS companies.
No member of this bargaining unit will be denied a promotional opportunity as a result of being a qualified paramedic.
Maintenance of Certification
Maintenance of the Paramedic license is the responsibility of the employee. The City will, however, pay for the cost of any tuition and/or fees for training required as maintenance of certification.
The City will provide required CEU training time on-duty. Paramedic employees shall be compensated at the appropriate overtime rate for any required off duty CEU training. 20 Any Paramedic who loses his/her license as a result of an involuntary license revocation action by a paramedic licensing authority at the Federal, State, or Local level, shall not be subject to disciplinary action solely to the loss of the Paramedic license.
Z. Longevity Pay
Longevity Pay is compensation in addition to the employee’s regular base pay.
A. Eligibility & Qualifications
An employee is eligible for a two percent (2%) longevity pay increase only if he/she has been with the City ten (10) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
An employee is eligible for an additional five percent (5%) longevity pay increase if he/she has been with the City fifteen (15) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
After 20 years an employee is eligible for an additional five percent (5%) longevity pay increase only if he/she has been with the city twenty (20) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
The total longevity pay increase any employee can receive during their term of employment is twelve percent 12% of their base rate pay.
AA. Firehouse Amenities
Upon ratification of this MOU, the City shall provide a one-time $1,000 allowance for each station’s culinary supplies.
8. HEALTH AND WELFARE BENEFITS
A. Health Insurance
The City will continue to provide current health plans to the employees for the life of this MOU.
The City’s contribution for retired members, who have retired prior to January 1, 2018, will be $50.00 per month the first year and will increase annually by 5% of the City’s contribution for the active employees until such time as the contributions are equal. (City of Patterson Resolution #2001-100, effective December 1, 2001)
All employees in regular positions budgeted for full time shall be eligible to participate in the health plans offered by the City.
The City agrees to continue to provide contributions for retired members, in accordance with PEMHCA, as set forth in subpart D of this section, related to retiree medical. 21 B. Cafeteria Plan
For purposes of this section, a “current employee” is any employee covered by the provisions of this MOU, employed by the City before July 1, 2017.
For purposes of this section, a “new hire” is any employee covered by the provisions of this MOU, employed by the City on or after July 1, 2017.
The City shall maintain a Section 125 compliant Cafeteria Plan to provide a vehicle for the payment of health and optional benefit premiums. The City contribution shall be as follows:
1. Enhanced Benefit - January 1, 2017 (Hired before July 1, 2017) Subscriber Only: Up to 100% of the Northern
California Area Kaiser premium
family rate.
Subscriber Plus One: Up to 100% of the Northern
California Area Kaiser premium
family rate.
Subscriber Plus Two or more: Up to 100% of the Northern California Area Kaiser premium
family rate.
22 2. Enhanced Benefit January 1, 2018 (Hired before January 1, 2017) Subscriber Only:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
Subscriber Plus One:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
Subscriber Plus Two or more:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
For the term of this agreement, the City contribution to the Cafeteria Plan shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 100% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower monthly premium than that of the above-mentioned Northern California Area Kaiser plan, the City will pay 100% of the premium for that plan.
3. Standard Benefit (Hired on or after July 1, 2017)
Subscriber Only: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus Two or more: Up to 80% of the Northern California Area Kaiser premium rate by category.
For the term of this agreement, the City contribution to the Cafeteria Plan shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 80% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower premium than that of the above-mentioned Northern California Area Kaiser plan, the city will pay a dollar amount equal to the 80% of the Northern California Area Kaiser premium, by category, toward the premium for that employee’s choice of plan. 23 C. Medical Contributions
1. City Medical Contributions:
For qualifying regular full-time employees enrolled in a CalPERS PEMHCA medical plan, the City is obligated to pay the minimum employer contribution to qualifying employees pursuant to PERS resolution and government code section 22892. The City contribution in Section 8, subsection A & B above, include the minimum employer contribution.
The City contribution required under Section 8, subsection A above, also shall be designated for purposes of determining the minimum employer contribution with respect to retiree medical provided pursuant to PEMHCA.
2. Employee Medical Contributions:
The employee shall pay any difference between the City’s contribution to the Cafeteria Plan, if applicable, and the actual premium of medical insurance plan selected by the employee.
3. Alternative Insurance Options:
The City reserves the right to implement an alternative health plan that provides equal or better benefits. “Equal or Better Benefits” is intended to mean the combination of the following: 1) as good or better access to health care professionals, 2) as good or better insurance coverage, 3) premiums that are equal to or lower than the CalPERS Health plans and, 4) equal to or less out-of-pocket cost to the employee. The City agrees to meet and confer with the Union prior to making any changes to the health plan.
4. Medical-In-Lieu:
Employees who do not elect to take the City’s health insurance must provide proof of comparable group health coverage pursuant to PEMHCA (other than Covered California).
Employees who opt out of City provided health insurance shall receive the dollar equivalent of 80% of employee only Kaiser premium in the form of an employer contribution for that employee to the City’s Mid-America HRA account. This provision shall be retroactive to January 1, 2016.
5. No Cash Out:
Under no circumstances will an employee be eligible to take cash in lieu of benefits.
D. Retiree Medical
The City shall establish a Section 115 compliant plan for the reimbursement of retiree medical expenses subject to the following:
1. Current Retirees and Current Employees that retire prior to January 2, 2018.
This section in no way affects the rights and benefits of those who have retired or will retire prior to January 1, 2018. These retirees will maintain a dollar benefit equivalent to the dollar value of the current benefits established under the City of Patterson Resolution #2001-100, effective December 1, 2001.
24 2. Retirees (current employees) – Ages 50-65 that retire after January 1, 2018.
Current employees, hired prior to July 1, 2017, who retire from the City of Patterson with at least ten (10) years of service with the City, between the age 50 and 65, (or Medicare eligibility age, whichever is later), and enroll in the PERS medical insurance program, will be eligible to receive the City Retirement Benefit Stipend until they reach the age of 65 (or Medicare eligibility age, whichever is later), in accordance with schedule A below.
Years of Service Percentage of Standard Retiree Benefit 10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
The Standard Retiree Benefit City contribution is as follows:
3. Standard Retiree Benefit
Subscriber Only: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus Two or more: Up to 80% of the Northern California Area Kaiser premium rate by category.
25 For the term of this agreement, the City Standard Retiree Benefit contribution shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 80% of the increased premium for the Northern California Area Kaiser premium, by category.
3. Retirees over age 65 or upon Medicare eligibility (Current Employees) Retirees hired prior to July 1, 2017 that retire from the City of Patterson, irrespective of their years of service with the City, at age 65 (or upon Medicare eligibility age, whichever is later), are eligible for a stipend of up to five hundred dollars ($500.00) per month. This stipend shall not be less than the PEMHCA minimum and not greater than the premium for coverage elected on a reimbursement basis.
E. Minimum Employer Contribution
New hire employees (employees hired on or after July 1, 2017), shall be entitled to only the minimum employer contribution upon retirement, pursuant to CalPERS PEMHCA resolution.
F. Dental Insurance
The City will provide Dental coverage of $2,000.00 per person annually, with Orthodontia care, without premium cost to the employee. Preventative care costs shall be covered 100% by the City.
G. Vision Insurance
The City will provide vision insurance, VSP Plan B, without premium cost to the employee, with a $0 employee co-payment for eye examinations, and a $20.00 employee co-payment for materials.
H. Life Insurance
The City agrees to provide term life insurance for all represented personnel in the amount of $100,000.00 at no cost to the employee.
Employees shall have the option to buy additional coverage at their own expense, if available.
The City will provide $5,000 in dependent life insurance with no premium cost to the employee.
I. Voluntary Deferred Compensation
The City will continue to offer deferred compensation through Corebridge Financial (formerly Valic) and Mission Square (formerly ICMA).
J. Employee Assistance Program
The City will continue to offer an EAP in conjunction with the City’s self-insured Worker’s Compensation Program.
The City reserves the right to change carriers and program design, however in no case shall the number of visits be less than five for each covered employee.
K. HRA Contribution
The City shall contribute three percent (3%) of each employee’s monthly salary to the City’s MidAmerica HRA account for each employee. Payment shall be made in accordance with current City employee deduction practices.
26 9. RETIREMENT
A. CalPERS Pension Definitions
New Member Employees:
1. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California Public Retirement System.
2. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is not eligible for reciprocity.
3. A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of greater than six months.
Classic Member Employees:
1. A member who was brought into CalPERS membership for the first time before January 1, 2013.
2. A member who was brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is eligible for reciprocity.
3. A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of less than six months.
B. New Member Retirement Benefits
New employees hired on or after January 1, 2013, upon placement in a full-time employment status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between the City and PERS.
New Member Retirement Contributions
The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS.
Classic Member Retirement Benefits
Employees hired before January 1, 2013 and designated as local public safety members by the City are provided retirement benefits under the California Public Employee's Retirement System Local Safety 3% at 50 formula.
Classic Member Retirement Contributions
The employee shall pay 6% of the member contribution effective the first full pay period following July 1, 2017. Effective the first full pay period following July 1, 2018, the employee shall pay 9% of the member contribution plus an additional “cost share” pension contribution of 3%, total pension contribution shall be 12%.
27 This cost sharing pension contribution shall initially be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f). As soon as administratively feasible the City shall implement a contract amendment. This pension contribution shall extend beyond the expiration of this MOU and is intended to satisfy the 2018 member contribution pursuant to PEPRA.
C. Disability Retirement
The City has contracted with PERS and has implemented the provisions of Section 21298:
Improved Non-Industrial Disability Allowance. There is no cost to the employee.
Survivor Benefits
The City has contracted with PERS and has implemented Sections 21380-21387: 1959 Survivor Benefits. The cost to the employee is $2.00 each month.
D. Sick Leave Conversion at Retirement
The City agrees to contract with PERS to implement Section 20965 Credit for Unused Sick Leave, whereby unused accumulated sick leave at the time of retirement is converted to additional service credit at the rate of 0.004 year of service credit for each day of unused sick leave. There is no cost to the employee.
E. State Disability Insurance
SDI is now in force for bargaining unit employees. There is no charge to the employee for the monthly payroll deduction. The employee is entitled to supplement weekly SDI benefits with accumulated leave time up to the amount of his/her regular monthly salary. The employee may also choose not to supplement SDI with accumulated leave.
F. Wellness/Fitness Program
The Patterson Fire Department and Patterson Firefighters, IAFF Local 4577 recognize the value of a healthy, well and fit workforce. The parties will develop and implement a Wellness and Fitness Program consistent with the recommendations of the IAFF/IAFC Joint Labor Management Wellness Fitness Initiative (WFI).
Participation in the program shall be mandatory by all members of the bargaining unit. The Patterson Fire Department will implement a wellness/fitness program for each fire fighter to obtain a level of wellness/fitness consistent with the duties he or she may be called to perform.
The wellness/fitness program shall be a positive program and not punitive in design; allow for age and position in the department; allow for participation on-duty utilizing facilities provided or arranged by the City; provide for rehabilitation and remedial support for those in need; and be reasonable and equitable to all participants.
To achieve such a program a Labor-Management Wellness/Fitness Committee shall be formed within ninety days of the signing of this agreement.
28 The committee will consist of three representatives of the Patterson Fire Department, three representatives of Patterson Firefighters, IAFF Local 4577, the fire department designated physician (non-voting) and an outside medical, physiological and wellness consultant(s) (nonvoting) mutually chosen by both parties.
The Labor/Management Wellness/Fitness Committee shall be responsible for four primary areas:
1. Implementation of the WFI Program: Reviewing this Initiative and fully adapting the components to the Patterson Fire Department.
2. Statistics and Health: Developing statistics on experience with lost time and costs due to disease and injury so as to demonstrate how the implementation of the WFI program will avoid or reduce disease and injury; and be cost effective.
3. Wellness/Fitness Program: Developing program objectives; developing the program and related activities (e.g. peer fitness trainers (including certification), workshops, smoking cessation and weight control programs); preparing budget.
4. Executive and Marketing Functions: Identifying specific objections to the program, developing answers or procedures to overcome the objections, enlisting the help of critical support groups and individuals; investigating legal implications of the wellness/fitness program; establishing policies and directives.
G. Tobacco Product Use
The City of Patterson declares a hiring policy which disqualifies habitual users of tobacco products from eligibility for employment within the City of Patterson Fire Department.
Employees hired for positions in the bargaining unit after January 1, 2013 shall not be permitted to habitually use any tobacco products, consistent with this policy. Employees hired into the bargaining unit prior to December 31, 2012 may enroll in a tobacco cessation program with the Department's EAP. Completion of the program must occur within ninety (90) days from enrollment or by no later than July 1, 2013. Effective July 1, 2013, all employees shall not be permitted to habitually use any tobacco products.
Under no circumstances shall any tobacco products be used at any time inside a City building or vehicle, consistent with any restrictions established by State law, City administrative policy, and this agreement.
Failure to follow this agreement may lead to disciplinary action, up to and including dismissal.
10. WORK HOURS
A. Duty Hours
Employees shall be assigned, at the discretion of the Fire Chief and based upon City needs, to either shift or day duty.
B. Shift Personnel
Shift personnel shall report for duty, ready to work, at 7:00 a.m., and shall go off duty fortyeight (48) hours later at 7:00 a.m.
C. Day Personnel
29 Weekly Schedule
1. A day shift shall typically be an eight (8) hour day on one of the following schedules:
7:00a.m.to 4:00p.m. OR 8:00a.m. to 5:00 p.m.
2. An hour will be allotted for an unpaid lunch period.
3. The Fire Chief may, with the mutual consent of the affected employee, modify a typical day work schedule to an alternative schedule (e.g., four (4) ten-hour days per week or 9-80 schedule) if the Fire Chief determines such a change will better meet the needs of the City.
Training Captain
1. In addition to the schedule in Section 10 (c), the typical day shift for the Training Captain maybe modified one (1) weekday per week for purposes of conducting weekly evening station drills, so long as the regular workday is a minimum of eight (8) consecutive hours.
2. The Training Captain may be required to work one Saturday per month for purposes of conducting the monthly “all-hands” drill. In such instance, the employee shall “flex” off a regularly scheduled shift within the same pay period. The Fire Chief or his/her designee must approve the flexed day. Additional weekend days worked within the month shall be compensated at the appropriate overtime rate.
3. Additional modifications to the Training Captain’s schedule may be necessary and must be mutually agreed upon between the employee, the Union, and the Fire Chief.
D. Assignment of Work
1. All times while on duty, an employee is subject to assignment of work.
2. Station maintenance work, however, shall typically be performed between 0800 and 1800 hours.
3. An hour shall typically be allowed for lunch, which shall be taken as a group meal generally between 1200 and 1300, unless delayed or interrupted by an emergency, work assignment, drill, or other department business need, in which case it shall be taken at a more convenient time.
4. Furthermore, a 15-minute work break shall be allowed at a convenient time in the morning and the afternoon.
5. Hours outside of 0800-1800 are typically not subject to assignment of work except for equipment readiness, emergency work and night drills.
6. Captains shall be allowed flexibility in organizing the daily schedule including but not limited to daily duties, station chores, and “soft-time”. For instance, the Captain may allow for “soft-time” during regular daytime hours (0800 – 1800) if a night drill is scheduled for that evening.
7. The purposes of “soft-time” are to ensure personnel are not fatigued and are physically 30 ready to respond to emergencies.
8. All personnel shall remain in the appropriate uniform until 1900 hours, unless otherwise determined by the Captain.
9. Notwithstanding the above, the On-Duty Chief Officer shall have overall authority for station/shift activities and work assignments.
E. Non-Scheduled Shift Hours and Days
In appropriate circumstances, the City may require unit employees to render service at hours and on days other than those in the employee’s regular or normal schedule. Refer to Section 7 (D).
F. Shift (24 hour) to Day (8 hour) Changes
A shift employee, absent other considerations, shall typically be changed to days for reasons associated with either light duty or providing/receiving training.
Such changes shall be for a limited time and, when reasonably possible, preceded by advance notice to the employee.
A change for training purposes shall be for not less than one (1) week.
G. Shift Duty Schedule
The work schedule for shift personnel shall consist of two (2) twenty-four (24) hour on-duty shifts within six- (6) day cycle to be worked in accordance with the following chart:
X = 24 hour on-duty period
O = 24 hour off-duty period
XXOOOOXXOOOOXXOOOOXXOOOO
1. The Fair Labor Standards Act (FLSA) cycle shall be a twenty-four (24) day cycle and shall consist of eight (8) twenty-four (24) hour periods.
2. Unit members shall be eligible for overtime in accordance with FLSA standards. At the present time, for employees on a twenty-four (24) day work cycle, the threshold is one hundred ninety-two (192) hours worked in a work cycle.
3. Personnel will be required to arrive at scheduled meetings, work details, and other events ontime, with appropriate equipment, and in appropriate uniform.
H. Trade Time
Employees, with approval of the Fire Chief or his/her designee, may exchange shifts when the change does not interfere with the operation of the Fire Department. Shift trades shall be rank for rank or those employees on the appropriate promotional or eligibility list.
Shift trades and/or paybacks shall not place any financial burden on the City. Employees, and not the City, shall be responsible for record keeping and payback of shifts. 31 The City shall not be liable for the failure of any employee to pay back another employee for a shift trade.
The Company Officer and the command staff shall be notified of all trade time through the Fire Department electronic calendar.
I. Automated Tracking
Asthe appropriate technology becomes available, the City will meet and confer with the Union on related issues.
11. HOLIDAYS AND LEAVES
A. Holidays
56-Hour Schedule
1. Personnel assigned to a 56-hour schedule shall be provided with 133.5 hours of holiday pay per year.
2. Holiday pay shall be compensated by paying each employee 5.56 hours per semi-monthly pay period.
Non-Shift Schedule
The following days shall be paid holidays for all employees working 40-hour non-shift assignments:
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day (Last Monday in May)
July 4th (Independence Day)
Labor Day (First Monday in September)
Veteran’s Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
The day following (Thanksgiving Day)
Christmas Eve
Christmas Day
New Year’s Eve (December 31st) (½ Day)
Whenever a holiday falls on a Sunday not scheduled as a regular workday, the following Monday shall be observed as the holiday.
Whenever a holiday falls on a Saturday not scheduled as a regular workday, the preceding Friday shall be observed as the holiday.
32 An employee must have been in paid status, receiving SDI or Worker's Compensation for the entire amount of regularly scheduled hours of the days immediately prior to and following a city holiday in order to be paid holiday pay.
B. Vacation
Vacation accrual
1. Vacation benefits begin to accrue from date of hire and are accrued based on the number of months of full-time City service, computed to the nearest month, in accordance with the following schedule:
Length of Service Monthly accrual in hours
1-60 months 13.14
61-96 months 15.94
97-132 months 16.92
133 – 168 months 17.82
169 months on 20.62
2. Maximum Accrual
Employees may accrue up to a maximum of 471.22 hours at any one time during the calendar year. When an employee has accumulated 471.22 hours, vacation accrual will stop until his/her balance falls below 471.22 hours.
It shall be the responsibility of the employee and the department head to assure that employees utilize credited vacation leave within the limitations set forth herein.
Employees may only accrue more than 471.22 hours of vacation if the employee and the manager have made a good faith effort to take/allow time to avoid reaching the accrual maximum.
3. Vacation Usage and Approval
The City of Patterson Vacation Card system specifies the number of personnel allowed off on vacation leave during a 24-hour period shall be a maximum of 2 persons for 24 hours or 2 persons for 12 hours each with non-overlapping time periods (0700-1900 hours and 1900-0700 hours). The following format shall be used for allocating Vacation Cards and is applicable only for those ranks represented by the L4577 bargaining unit. 1 – 26 employees: 2 Vacation Card
27 - 60 employees: 3 Vacation Cards
Employees shall be responsible for ensuring that they maintain a healthy balance of vacation leave so as not to exhaust their balance to a negative level or under-utilize their accrued benefit to the point where they reach the maximum capacity and stop accruing vacation. Additionally, employees are encouraged to use the cash-out option as outlined in Section 11.B.5 (Vacation Cash Out) as a method to avoid reaching their maximum capacity of accrued vacation leave.
33 Local 4577 Vacation Bidding Procedure (To be initially implemented within 30 days of MOU approval)
1. The shift Captains assigned to station 52 shall be responsible for the annual vacation scheduling for their respective shift.
2. The shift & station Captain will pick a date during the first week of December for vacation scheduling. Captains will:
a. Attempt a date that no one is scheduled off (if possible) b. Advise management of this date so that an effort can be made to keep the date open for the vacation scheduling process.
c. Place the event on the Fire Department calendar.
d. Inform each member of the shift via department email and text message at least two weeks prior to the event.
e. Advise personnel that if they are not present the day vacations are selected that they will need to provide a list of picks prior to the scheduling date or provide a telephone number where they can be immediately reached.
f. Inform personnel that if they have not provided their picks or if they are not ready to choose by the scheduled date, they will be skipped and the next person in seniority will pick.
3. Vacation scheduling process
a. Scheduling should begin early enough in the morning to afford adequate time for the process to be completed.
b. The order of picks will be based on seniority of years in service. Each person may, at the time of their pick, choose one (1) vacation consisting of as many consecutive shifts off as they have leave time available. c. Each person can only schedule as much vacation leave as they have accumulated in their Vacation leave banks and/or will accrue prior to taking the time off.
4. After the last person on the shift has picked, the rotation of picking will continue and go back to the top of the seniority list again for a second vacation. This 34 process will continue until all desired picks have been made.
5. At any time during the selection process a person may stop choosing if they so desire. In that case the person will be skipped from that point on and the next person on the seniority list will pick next. The selection process will continue until all personnel have stopped selecting.
6. The maximum number of personnel allowed off on Vacation Leave on any given day shall be in accordance with the Vacation Card provision of the MOU. a. At no time shall a person be allowed to drop below zero hours (into a negative status) of their vacation leave accruals.
7. The person scheduling vacations shall formulate a system of documentation that works best for them to ensure that the criteria for selecting vacation dates is accurately followed. This documentation shall be given to the shift Division Chief at the conclusion of the bid cycle.
8. It shall be the responsibility of each employee to submit Time-Off Requests to their assigned Division Chief within 1 week after the vacation bidding procedure is completed.
a. If vacation forms have not been received by the Division Chief for the selected dates after 1 week, those selected dates shall be forfeited and be available on a first-come, first-served basis.
b. Upon receiving and verifying vacation requests, the Division Chief shall follow the Leave scheduling policy and procedure to populate the calendar and ensure appropriate staffing.
9. After all personnel have completed their bidding and the scheduling is completed, any person wishing to schedule other available time off may do so by following the normal Leave request Policy and Procedure.
After annual vacation leave is selected in December, approval of other leave time off is at the discretion of the Fire Chief or designee pending maintenance of service levels, mandates, and activity potential. Excluding staff assignments (i.e. training captain etc.), effective 30 days following MOU approval by City Council, a maximum of two personnel will be allowed off on leave on any given day, until staffing level reaches 27 at which point three personnel will be allowed off on any given day. Vacation requests must be submitted before 0900 twelve (12) days in advance in order to trigger a mandate, unless approved by the Division Chief.
To be eligible for an “exception” to a mandate outlined in Section 7(K) personnel must have at least twelve (12) hours of scheduled vacation.
35 Once a vacation isfilled with overtime, the employee who scheduled the time off will be unable to cancel that time off, unless both parties agree to cancel the vacation request and overtime.
The person scheduled to work the overtime will have the appropriate number of hours deducted from their bucket on the Overtime Availability Form.
If an employee returns to work earlier than scheduled and the person working the overtime agrees to terminate their overtime, time will only be charged that is used. The employee working will be paid for the time worked. If the person working the overtime shift chooses not to terminate it after being requested to do so, then the employee on leave will be required to remain on leave.
If an employee has accepted overtime and needs to cancel it, an attempt will be made to rehire.
If the rehire is successful, the employee will not be required to work the overtime. If the rehire is unsuccessful the employee attempting to cancel must work the overtime unless cancelling for reasons jury duty, administrative leave, bereavement leave, and workers compensation or military leave.
An employee canceling an overtime shift will still have hours added to their bucket on the Overtime Availability form and will have the equivalent amount of time subtracted from the Mandate Bucket form.
Employees may be approved for vacation requests in amounts less than one working day.
Written requests for time off shall be answered in writing, with a stated reason for any vacation request, which is denied.
Requests for time off will not be unreasonably denied.
4. Vacation Cash Out on Termination
Any employee who terminates service with the City shall be entitled to cash payment for all accumulated vacation hours. Such payment shall be based on the employee's hourly wage at the time of termination. The hourly wage shall be determined by multiplying the employee's monthly salary by 12 and dividing the result by 2912.
Termination resulting from the death of an employee shall cause the vacation cash out to be paid to the estate of the employee.
5. Vacation Cash Out
Employees have the option to elect cash in lieu of accrual for up to one hundred and Twenty (120) hours of vacation leave twice every twelve (12) months provided all of the following criteria are met:
• An employee must have maintained a minimum balance of one hundred sixty (160) hours of accrued vacation for the previous twelve (12) month period. • An employee must have used at least forty (40) hours of vacation for actual time off from work in the previous twelve (12) month period.
• An irrevocable election form for distributions in a given year must be received by payroll no later than December 31st of prior year.
• Vacation Cash Out requests shall be provided to payroll between November 1st and November 15th and will be paid out last pay period of November, or between June 1 st and June 15th, and will be paid out the last pay period of June by separate payroll document whether traditional paper check or electronic direct deposit. Employees 36 may request a cash out of vacation on an alternative date, subject to approval of the City Manager, so long as vacation cash out does not exceed twice per fiscal year. • Vacation conversion requests shall not be unreasonably denied.
12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE
A. Sick Leave
1. Sick Leave Defined
Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or in case of an emergency illness in the immediate family.
Immediate family shall mean the spouse, parent, child, brother, sister, or other close relative residing in the household of the employee.
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. If the employee's sick leave is depleted, vacation, comp time and floating holidays shall be allowed, upon request of the employee in writing pursuant to City Merit System Rules and Regulations Section 804.
Sick leave will not be granted for illness during any leave of absence other than sick leave, with one exception: an illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized, or when a physician has certified the employee's physical disability or illness.
2. Accrual/Eligibility
A regular or probationary employee shall accrue sick leave at the rate of 11.2 hours per month, following completion of one month of service with the City, provided that the employee was in paid status for not less than 50 percent of the month.
There is no maximum accrual amount for sick leave.
To receive compensation while absent on sick leave the employee shall notify his/her supervisor at the beginning of the workday he/she is absent. The employee may be required by the department head, at the time he/she calls in sick, to provide a physician’s certificate.
Department heads shall only require a physician's certificate if abuse of sick leave is reasonably suspected.
An employee may be required to provide a physician’s or licensed practitioner’s verification of sick leave when:
a. The employee has a demonstrable pattern of sick leave abuse; examples include but are not limited to:
i. Calling in sick in conjunction with regular days off or holidays; or ii. Calling in sick on days previously denied for vacation leave b. The supervisor has good reason to believe the absence was for an unauthorized reason.
A supervisor has good reason if a prudent person would also believe the absence was for an unauthorized reason. If the department head or designee does not consider the verification adequate, the request for sick leave may be disapproved. 37 However, when a forty (40) hour employee is absent due to illness or injury in excess of three (3) consecutive workdays or longer, a physician's certificate or a personal affidavit shall be required.
When a fifty-six (56) hour employee is absent due to illness or injury in excess of two (2) consecutive work days or longer, a physician's certificate or a personal affidavit shall be required.
Accumulated Sick Leave on Retirement:
a. Accumulated sick leave may be used for the purpose of computing an employee’s PERS retirement.
b. At retirement, unused accumulated sick leave is converted to additional service credit at the rate specified by the prevailing PERS contract. There is no cost to the employee.
B. Bereavement Leave
An employee on a forty (40) hour work schedule may be granted up to three (3) days bereavement leave and an employee on a fifty-six (56) hour work schedule may be granted up to two (2) twentyfour (24) hour shifts for bereavement leave by the department head in the event of a death in the employee's family.
For the purpose of this section only, the employee's family shall mean spouse, parent, child, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent, or a close relative residing in the household of the employee.
Requests for bereavement leave in excess of three (3) days or two (2) twenty-four (24) hour shifts shall be subject to approval of the City Manager and will be charged to accumulated leave.
C. Family Leave
Each regular full-time employee having completed a minimum of one year of continuous employment to the City may request a family care “leave of absence” as provided for in the California Family Rights Act of 1991 and the Federal Family and Medical Act of 1993.
Family is defined as an employee’s child (biological, adopted, foster, stepchild or legal ward under the age of eighteen), or legal spouse as defined in Civil Code section 4100.
A serious health condition is defined as an illness, injury, impairment or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either one of the following:
1. In-patient care in a hospital, hospice, or residential care facility; or
2. Continuing treatment or continuing supervision by a health care provider The request may be granted but will not exceed twelve (12) workweeks in a twelve (12) month period. The twelve-month period will commence on the first day the leave begins. The leave will be an unpaid leave.
Medical benefits, dental benefits, life insurance benefits and retirement benefits will continue.
Other benefits, such as vacation time, sick leave time, etc. will not accrue during the period of leave.
The following provisions will apply to fire personnel in addition to that required by the FMLA. 38 1. The City will allow the utilization of paid or unpaid time during the leave and this shall be the choice of the employee, with the exception that employees shall be required to first use all sick leave accrued that is in excess of 112 hours.
2. Seniority for all purposes will continue during the FMLA leave, up to a maximum of fortyfive (45) days for unpaid leave. The maximum shall be sixty (60) days if the leave is taken in combination with paid time.
3. In addition to immediate family, grandparents, grandchildren, and parents-in-law, are covered as reasons for requesting FMLA leave.
D. Other Leaves
1. Leave of Absence Without Pay
Leave of absence without pay may be granted by the Human Resources Director upon recommendation of the department head.
No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. All requests shall be evaluated on the basis of personal need, duration, and work requirements.
Any leave of absence without pay lasting more than fourteen (14) calendar days shall preclude an employee from accruing leave time and other benefits after day fourteen (14), except as outlined in the Family Leave policy.
2. Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law. All employees applying for military leave shall give the department head, within the limits of military regulations, an opportunity to determine when such leave shall be taken.
Employees may use compensatory time and vacation time for mandatory drills scheduled during the employee’s normal shift or work hours.
3. Jury Duty Leave and Court Appearances
Regular and probationary employees who are summoned to serve on jury duty shall be entitled to a leave of absence with pay while serving provided the fees, except mileage or substance, are remitted to the City.
Employees who are required to appear and testify in court shall suffer no loss of pay for such appearances if such appearance relates to matters arising out of their official duty as employees of the City.
All employees shall be entitled to leave of absence for a reasonable time necessary to appear as a witness in court, other than as a litigant, pursuant to a lawful subpoena, to serve on a jury, or to respond to an official order from a governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee.
Any employee whose name shall be selected from a list of jurors to serve as a juror in a civil or criminal action pending in a State or Federal court convening in the State of California, shall be entitled to a leave of absence for all his/her regularly scheduled shifts during the court days of such service; provided, however, that the employee shall report to work if released from jury service prior to 1700 hours and does not have to report to jury service the following day.
39 Such leave of absence shall be granted with pay up to the amount of the difference between the employee’s regular earnings in the amount he/she receives for jury or witness fees with the exception of any mileage allowance, which shall be retained by the employee. Such leaves of absence shall not be charged against the employees sick or vacation leave.
13. FILLING VACANCIES
A. Job Announcements
All job announcements, job vacancies and recruitments shall be posted on a bulletin board and shall specify at least the major job responsibilities and desirable qualifications, and the selection process options of the City.
Job announcements shall be posted on appropriate bulletin boards in City facilities at least ten (10) working days prior to the final filing date, which date shall be printed on the job announcement.
Recruitment methods shall be utilized as necessary to ensure that segments of the labor market available to the City are utilized.
Current Fire Bargaining Unit members shall be awarded five (5) additional preference points added to the initial test score for recruitments that include non-bargaining unit candidates.
B. Examinations
The selection of techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects, which are related to the duties and responsibilities of the position.
The examination may consist of evaluation of personality and background through written tests, oral interviews, performance tests, medical examinations and other job-related tests or combination thereof. The methodology of examination shall be included in the job announcement.
Examinations may be open or promotional at the discretion of the Human Resources Director who shall consider the recommendation of the department head.
Employees may take part in the examination process on City time.
C. Notification of Results and Appeal Rights
Applicants who meet the requirements for admission to the eligibility list must be notified that they have achieved minimum rank. In addition, each non-selected applicant must be given notice of non-selection, including general reasons, requirements for admission to eligibility and appeal rights available.
Employees shall have five working days to appeal his/her non-selection to the City Manager. The City agrees to make no appointment from the eligible list until the City Manager has made a decision on the appeal.
The City will take reasonable steps for notification of applicants, including mailing such notice to the last known address. Each candidate in an examination shall be given notice of the results within a reasonable amount of time.
An applicant may review the materials related to testing, including answer sheets and test copies, except in cases where tests are of a stock or form nature and when contracts prohibit such reviews. 40 D. Eligibility List
An eligibility list shall be established following the examinations to determine the names of applicants who have achieved minimum rank. Such applicants shall be deemed as qualified for appointments pending further review by the appointing authority and other qualifying procedures, including reference checks, medical examinations, and background investigations.
Eligibility lists shall be valid and in effect for a period of six (6) months up to a maximum of one (1) year, at the discretion of the Human Resources Director. Eligibility lists shall be certified by the Human Resources Director.
If a department head does not feel an appointment from the list would be in the best interest of the City, the department head may request the abolishment of the list and establishment of a new list.
Eligibility lists may be merged in a continuous or separate recruitment.
Names may be dropped from the list if unable to be located, if a request is made by the person on the list to be dropped, or, in the case of a promotional list, if the employee resigns from City employment.
E. Re-Employment
With the approval of the appointing authority and the Human Resources Director, a regular or probationary employee who has completed at least six months of probationary service, and who has resigned with a good record and in good standing, may be reinstated to the former position, if vacant, or to a vacant position in the same or a comparable class within one year from the date of resignation.
No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits, including seniority, without the specific recommendation of the appointing authority and the approval of the Human Resources Director.
Retirement benefits shall be subject to applicable PERS regulations.
F. Transfers
1. Employee Requested Transfers
New employees who have completed their probationary status in their current position may apply for a transfer. All other employees who have worked a minimum of six (6) months in their current position may apply for a transfer.
A request may be submitted only when a vacancy exists.
Vacancies shall be posted as a "Job Announcement" and shall state that transfer requests will be accepted, along with written filing deadlines and a ten (10) working day minimum posting requirement.
The employee's request for transfer will be considered on the basis of the employee's qualifications for the vacant position, the employee's best interest, and the best interest of the City.
2. Employer Initiated Transfers
The City reserves the right to transfer its employees from one position to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency. 41 The City agrees to meet and confer with the Union prior to making a decision to initiate a transfer. The City further agrees to notify the employee at least ten (10) calendar days in advance of the effective date of the transfer.
3. Conditions for Transfer
An employee who does not possess the minimum qualifications for an open position shall not be transferred to that position.
A qualified employee may be transferred, provided the transfer has been approved by the employee's supervisor, the gaining supervisor and the Human Resources Director.
G. Personnel Assignments
A “Bid System” shall be utilized to assist with personnel assignments to platoon, station and apparatus. The department seniority system shall be used unless mutually agreed upon by the Union and the City.
The Fire Chief will select the personnel for Training Officer and any other specialized positions mutually agreed upon prior to the bidding process. The Fire Chief may solicit personnel for special positions.
The bidding process shall be carried out in the following order:
Captains
Engineers
Firefighters
Bids for station and apparatus shall be for two (2) year terms. Platoon assignments that result from the bid process shall remain in effect for seven (7) years. A bid process shall take place effective immediately upon approval of MOU.
The Union agrees that all bids will be at no cost to the City.
Mutual trades shall be allowed when two parties agree to change platoons with approval from the Fire Chief.
Probationary employees shall be assigned by the Fire Chief. Probationary employees may be rotated through stations/shifts at the discretion of the Division Chief of Training and/or their assigned shift Division Chief.
All mid-term bids for vacancies are subject to the Fire Chiefs approval.
1. When the department is notified of a pending vacancy, all personnel shall be notified of the vacancy via text message and posting at each station.
2. This notification will take place during the shift that follows the shift in which the vacancy occurs.
3. This notification will occur at, or about, 0900 hours when feasible.
4. All those interested in the vacant position shall notify the Operations Chief, in writing within ninety-six (96) hours of the vacancy’s posting.
5. The bidding priority shall be by seniority within the classification being bid on. 42 The Bid System shall be dynamic. Any bid system procedural changes shall be mutually agreed to by the Union and City.
14. PERFORMANCE EVALUATIONS
The intent of the performance evaluation is to inform the employee of the rater's opinion of the job done by the employee. The evaluation and PAF shall be completed (initial evaluation, PAF, employee comments, possible revisions) no later than fourteen (14) days after the employee's anniversary date and shall not cover more than one year. Anniversary date for evaluation purposes shall be determined by date of hire or date of promotion to existing position.
The employee will be notified if he/she is to be evaluated for a shorter time period and in advance of when the shorter time period begins. The evaluation must be discussed with the employee by the rater.
The rater shall consider any comments made by the employee and may change the evaluation as a result of such discussion.
The employee shall be given the opportunity to sign the evaluation and shall have the right to submit a written rebuttal to the evaluation, in accordance with the Firefighter Bill of Rights. It is understood that performance deficiencies will be addressed timely with the intent of correcting said deficiencies.
15. PROBATIONARY STATUS
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing an employee's work for securing the most effective adjustment of a new employee to his/her position and for rejecting any probationary employee whose performance does not meet the acceptable standards of work.
A. Original Appointments
1. Original appointments to a position within the classified service shall be subject to a probationary period of no less than one (1) year
2. The probationary period may be extended with the approval of the City Manager for a period not to exceed an additional six (6) months.
3. Failure to notify an employee in writing within one (1) year of his/her initial hire date regarding the employee’s permanent status or rejection/extension of probation will automatically result in the granting of permanent status.
B. Promotional Appointments
1. Promotional appointments shall be subject to a probationary period of twelve (12) months and may be extended by the department head for not more than three (3) months with the approval of the City Manager.
2. Failure to notify an employee in writing within twelve (12) months of appointment of rejection/extension of probation will automatically result in the employee receiving permanent status in the new position.
C. Return Rights
Promoted employees have the right to return to their former position at any time during the first month following appointment to the position.
D. Probation Extension for Absences
43 In the event of illness or injury requiring absence from work, the number of days absent in excess of ten (10) days shall be added to the length of the probationary period for both original and promotional probation.
E. Rejection of Probation
1. An employee may be rejected at any time during the probationary period by the City Manager without cause and without the right to appeal or to submit a grievance.
2. An employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted or to a comparable position, at no less than the rate of pay received prior to the promotion, unless charges are filed and he/she is discharged in the manner provided in Chapter 11 of the Personnel Policies.
F. Probation Employee Reviews
1. All probationary employees shall receive a collective written performance evaluation from all Appropriate officer rank.
16. GRIEVANCE PROCEDURE/DEFINITIONS
A. Grievance
A grievance shall be a written notice, filed in a timely manner, by an employee on his/her own behalf, or by the Union on behalf of one or more employees, contending that the City has violated or misapplied a term or condition of employment expressed in State law, Federal law, Memorandum of Understanding or expressed and/or written in the Personnel Rules and Regulations of the City.
B. Complaint
A complaint is defined as an employee allegation of a violation, which is not defined as a grievance or not subject to the harassment procedure.
Complaints shall be handled the same as grievances except that there is no appeal beyond the department level.
C. Representation
At each step of the grievance procedure, the employee(s) may be represented by a representative of his/her choosing.
D. Time Frames
The time frames established in the grievance procedure may be extended by mutual agreement of the employee or his/her representative and the City.
A grievance shall be barred and not considered if based upon a condition or event which occurred or existed more than fifteen (15) calendar days prior to the date on which the grievance occurs.
E. Notification
A grievance at step 2 in section F of this article shall be submitted in writing and shall include at a minimum:
Nature of the grievance
Date when the incident occurred
44 Description of the incident
Rule violated
F. Steps in the Grievance Procedure - If the supervisory position is vacant the corresponding step may be bypassed.
1. First Step-Informal Discussion
Employees are encouraged to discuss and resolve allegations of a grievance with their immediate supervisor within fifteen (15) calendar days of the occurrence causing the alleged grievance.
The immediate supervisor shall inform the employee verbally of his/her decision within five (5) working days of the initial discussion.
If the employee is not satisfied with the verbal response of the immediate supervisor, he/she may proceed to the next step.
2. Second Step-Immediate Supervisor
If the grievance is not satisfactorily resolved in the first step, the grievance may be submitted in writing to the employee's immediate supervisor within seven (7) calendar days of the immediate supervisor's response in the first step.
An attempt shall be made to resolve the grievance between the employee and his/her designated representative, if any, and the immediate supervisor.
The supervisor shall deliver a written answer within seven (7) calendar days of submission of the written grievance.
3. Third Step-Intermediate Supervisor (Division Chief of Operations) If the grievance is not satisfactorily resolved in the second step, the grievance may be submitted to the immediate supervisor's supervisor, if any within the department's organization, within seven (7) calendar days after the immediate supervisor's answer is received by the employee.
After an attempt to resolve the grievance between the employee and his/her designated representative, if any, and the intermediate supervisor, if any, the intermediate supervisor shall deliver a written answer within seven (7) calendar days after submission of the grievance.
If there is no intermediate supervisor, the grievance shall go directly to the department head.
4. Fourth Step-Department Head (Fire Chief)
If the grievance is not satisfactorily resolved in the second or third step, it may be submitted in writing to the employee's department head within seven (7) calendar days after the immediate or intermediate supervisor's answer is received by the employee.
The department head shall meet with the employee and his/her designated representative, if any, within fifteen (15) calendar days after submission of the grievance to the department head.
The department head shall review the grievance and may affirm, reverse or modify the disposition made at the second and/or third step.
The department head's answer shall be delivered in writing to the employee within seven (7) calendar days after the aforementioned meeting.
45 5. Fifth Step-City Manager
If the grievance is not satisfactorily resolved in the fourth step, the employee may appeal the decision of the department head to the City Manager.
The appeal must be in writing and submitted within ten (10) calendar days of receiving the department head's decision.
At the option of the employee, the grievance may be submitted directly to the City Manager or to an impartial arbitrator who shall render an advisory opinion the City Manager.
The employee's written appeal shall specify which option is to be utilized. a. Appeal to City Manager
Within fifteen (15) calendar days of submission of the grievance to the City Manager, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance.
The City Manager may affirm, reverse or modify the disposition of the grievance.
The City Manager shall deliver a written decision to the employee within seven (7) calendar days after the aforementioned meeting.
This decision shall be final and binding on all parties. b. Appeal to Impartial Arbitrator for Advisory Opinion
If an employee elects to use an impartial arbitrator, the arbitrator shall be selected jointly by the employee and his/her designated representative, if any, and the City.
The arbitrator shall hold a hearing on the merits of the grievance and shall consider evidence from all parties concerned.
The arbitrator shall submit a written advisory opinion to the City Manager.
Upon receipt of advisory opinion, the City Manager shall proceed as stated in "Appeal to City Manager" above, for a final and binding decision.
The cost of the arbitrator shall be borne equally by the employee and the City.
17. DISCIPLINARY PROCEDURES
A. Application
The appointing authority shall apply necessary and appropriate disciplinary action whenever an employee fails to meet the required standards of conduct or performance.
Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the service mission of the City organization successfully.
The disciplinary action, when taken, shall be documented in such a manner as to be defendable at review and/or upon filing of a grievance or appeal by the disciplined employee.
The concept of progressive discipline shall govern the imposition of discipline.
No employee shall be disciplined or discharged without just cause.
B. Types of Actions
46 1. Verbal Counseling
In the event that the appointing authority determines that a deficiency in performance or conduct is not of sufficient magnitude to warrant a more formal disciplinary action, an oral counseling may be given to the employee, which should include examples of corrective actions which should be taken to improve performance or conduct in question.
A confidential, written record shall be made of such conferences with a copy provided to the employee.
This written record may not be used against an employee to determine the severity of future discipline.
An employee may request the Fire Chief to remove and permanently destroy the written record from his/her personal file after the written record has been in the file for two (2) years.
2. Disciplinary actions include written reprimands, suspensions, demotions, and dismissal as defined below:
a. Written Reprimands
A written statement from the appointing authority to a subordinate of an action, which meets any of the grounds for disciplinary action listed in these rules.
After verbal consultation, an official notification in writing by the appointing authority to the employee stating the cause(s) for dissatisfaction with his/her services and that further disciplinary measures may be taken if the cause is not corrected.
Said written record may not be used against an employee to determine the severity of future discipline if no further written reprimands are received within two (2) years of the initial written reprimand.
An employee may request the Fire Chief to remove and permanently destroy the written reprimand from his/her personnel file after the written reprimand has been in the file for two (2) years.
b. Suspension
The temporary separation of the employee from City service without pay, for disciplinary purposes and not to exceed thirty (30) calendar days in any one calendar year. c. Demotion
A change in employment status resulting in a lower rate of pay.
A demotion may involve movement from one salary step to a lower step or from a position in one class to a position in a lower paid class. d. Dismissal
The discharge of an employee from City service for disciplinary purposes by the appointing authority.
C. Causes for Disciplinary Action
The causes for disciplinary action include, but are not limited to, the following:
1. Insubordination, which shall consist of violation of any official regulation or order or failure to obey any proper directions made and given by a supervisor in the course of employment. 47 2. Incompetency, inability or failure to perform the duties required by the position, as well as willful neglect of official duty.
3. Gross carelessness in the discharge of assigned duties.
4. Substance abuse or consumption of alcoholic beverages during working hours or reporting to work in a state of intoxication.
5. Misconduct in office or employment.
6. Presentation or use of known false information in any manner to commit or attempt to commit fraud, or the falsification or unauthorized alteration of City documents or records.
7. Repeated tardiness, excessive absences, absence without leave, or the improper or unauthorized use of leave privileges or benefits.
8. Gambling for money or articles of value during the working day.
9. Careless, negligent, improper and unauthorized use of City equipment, property, or funds for private or personal purposes.
10. Unauthorized discussion or release of confidential informational documents or records.
11. Violation of the Personnel Ordinance or rules and regulations or a promulgated department rule, regulation or policy.
12. Unlawful use, sale, or possession of narcotics or habit-forming drugs, which impair job performance, except as prescribed by a licensed physician.
13. Refusal or failure to promptly or properly report an injury or disability arising from or in the course of employment.
14. Engaging in unauthorized or incompatible employment elsewhere or engaging in political activities during working hours.
15. Dishonesty.
16. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
17. Immorality.
18. Discourteous treatment of the public or other employees.
19. Repeated violation of safety procedures
20. Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City.
21. Refusal to take or subscribe to any oath or affirmation, which is required by law in connection with employment.
D. Disciplinary Procedures
The City shall abide by the Firefighter Bill of Rights (FBOR) when administering discipline.
When a permanent employee is to be suspended, demoted, or dismissed a written notice of the proposed action is to be prepared by the appointing authority, reviewed by the Human Resources Director, and then delivered to the employee in person or by certified mail, with a timely copy provided to the Union (including notice of positive drug or alcohol tests). The written notice shall include:
48 1. The reasons for the proposed action.
2. The charges being considered.
3. The proposed disciplinary action to be taken.
4. A statement advising that before the proposed disciplinary action takes effect the employee may request, in writing, to meet with the department head to respond to the proposed disciplinary action. The employee shall have seven (7) calendar days from the date the proposed disciplinary action is received to request this meeting.
All charges filed against a permanent employee shall be documented in clear and concise language.
The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based, and if practicable, the employee shall be supplied a copy of the documents.
The employee is entitled to be represented at any meeting concerned with potential disciplinary action when the employee's presence is required at said meeting.
E. Notification of Decision
Within fifteen (15) calendar days after the employee has had the opportunity to respond, the appointing authority shall notify the employee of any disciplinary action to be taken and the effective date.
F. Appeal of Decision
The employee may appeal the decision within seven (7) calendar days of receiving the notification of disciplinary action.
The appeal may be made directly to the City Manager or an impartial arbitrator may be utilized to provide an advisory opinion to the City Manager.
The appeal letter to the City Manager must specify whether the appeal is to be heard by the City Manager or the arbitrator.
Advisory arbitration is an option only if the intended discipline is a suspension of greater than fifteen (15) calendar days, a demotion or a termination.
1. Advisory Arbitration
The impartial arbitrator shall be selected by the employee and designated representative and the City. The cost of the arbitrator, if any, shall be borne equally by the employee and the City.
The arbitrator shall submit a written advisory opinion to the City Manager who shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority within ten (10) calendar days of the receipt of the advisory opinion.
2. City Manager
An employee may submit the appeal directly to the City Manager.
Within fifteen (15) calendar days following conclusion of the hearing as specified hereafter, the City Manager shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority who took the disciplinary action against the employee.
3. City Council
49 Pursuant to the opinion of City Counsel, should the City Manager be disqualified from holding a hearing and/or rendering a final and binding decision, an advisory arbitrator shall be utilized.
The arbitrator’s advisory written opinion shall be given to the City Council for final decision.
The Council shall consider the case at its next regularly scheduled meeting.
G. Hearing
The City Manager or arbitrator shall conduct a hearing on an appeal filed in accordance with Section F. The date for the hearing shall be scheduled within twenty days of receipt of the employee's request, as provided above, to commence as soon as can be expeditiously arranged.
Written notice of the time and place of the hearing shall be given to the appellant.
The hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code of California, except that the appellant and other persons may be examined as provided in Section 19580 of said Government Code.
The affected employee (appellant) may be represented by an attorney or other representative of his/her choosing. Each party shall be given a reasonable opportunity to be heard on relevant issues, including the right to cross-examine witness.
Compliance with the technical rules of evidence applied in the courts shall not be required. Oral evidence shall be taken only on oath or affirmation.
Hearsay evidence is admissible but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Immaterial, irrelevant, or unduly repetitious evidence may be excluded.
The rules of privilege shall apply.
If appellant does not testify on his/her own behalf, he/she may be called and examined as if under cross-examination.
H. Failure of Employee to Appear at Hearing
Failure of the appellant to appear at the hearing without sufficient cause shall be deemed a withdrawal of the appeal and the action of the City Manager or department head shall be final.
I. Temporary Absence with Pay
Notwithstanding the provisions of this section, upon the recommendation of the appointing authority, the City Manager may approve the temporary assignment of an employee to the status of absent with pay pending conduct or completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.
Such status maybe conditioned such that the employee remain available and in daily telephone contact with the employer.
18. SENIORITY
Seniority shall be determined by continuous service in the Fire Department calculated from the date of employment. Continuous service shall be broken only by resignation, discharge for cause, and retirement.
Employees with the same employment date shall be assigned to the seniority list in order of their ranking eligibility on the Hiring List.
50 Seniority shall prevail with respect to the choosing of vacations and such other matters within the jurisdiction of the MOU.
For the purposes of station and shift bidding, seniority within the rank classification (regardless if paramedic) shall prevail.
The City will annually provide a current alphabetical seniority list to the Union. Seniority as it relates to layoffs is discussed in section 19: LAYOFF PROCEDURE of this MOU.
19. LAYOFF PROCEDURE
A. Conditions for Layoff
The City Manager, with the concurrence of the City Council, may abolish any position or employment because of material change in duties and organization, or shortage of work or funds.
The employee holding such position of employment may be laid off without disciplinary action and without the right of appeal.
No regular employee shall be laid off until all temporary and probationary employees holding positions in the same class in the department assigned or the class in which the position is to be abolished have been laid off.
B. Notice of Layoff
Employees to be laid off shall be given at least twenty-one (21) calendar days’ notice in writing.
Such notice shall be delivered in person or by certified mail.
Employees subject to this notice shall have seven (7) calendar days to respond to their options as listed in this procedure.
C. Order of Layoff
In an affected class, employee shall be laid off in reverse order of seniority and in consideration of performance as defined below.
Seniority is determined by total amount of full-time service with the City.
Seniority shall be reduced for the purpose of the layoff procedure only, by the amount of time for which an employee received a performance evaluation evidencing an over-all performance of less than standard.
In the event two (2) or more employees have equal seniority in the affected class, such ties shall be broken on the basis of the last three (3) performance evaluations reports in that class, as determined by the City Manager.
D. Bumping Rights
An employee who is subject to layoff as a result of this procedure shall have the following rights:
1. Bump an employee with less seniority in a lower class.
2. Bump an employee with less seniority in a lower class previously held, if the class had been held within one (1) year of receiving the layoff notice.
3. This bump right is subject to the employee's last evaluation in the prior class being satisfactory or above.
51 4. To retain the new position, the employee must bring any single area of the last evaluation in the previous position which was below satisfactory to satisfactory or above within three (3) months.
5. Demote to a vacant position in a class previously held, if the class had been held within one (1) year of receiving the layoff notice.
This right is subject to the employee's last evaluation in the prior class being satisfactory or above within three months.
6. Accept the layoff and be placed on the Re-Employment List.
7. Any employee subject to layoff as a result of the bumping rights listed herein shall, in turn, be given the same bumping rights.
E. Re-Employment List
The names of persons laid off in accordance with these rules shall be entered on a re-employment list for one (1) year, except that persons appointed to permanent positions shall, upon such appointment, be dropped from the list.
Vacancies, which occur within one (1) year of layoff, will be offered to employees on the reemployment list in the same order in which he/she was laid off. Employees, who are qualified, pursuant to the same rules by which they were laid off, shall be offered vacancies as they occur.
It shall be the responsibility of the employee on a re-employment list to keep the City informed of his/her current address, telephone number and availability for work.
1. Notice of the opportunity of employment shall be mailed to the employee’s last known address.
2. The employee shall have seven (7) calendar days from the date of receipt to respond to the employment opportunity.
20. UNIFORM PROVISION
A. Uniforms
The City agrees to pay each regularly employed firefighter, engineer, and captain covered by this agreement, an annual uniform allowance of $925. The uniform allowance is to provide for all costs for uniform care including alterations, cleaning, repair, purchase and replacement of duty uniform clothing, and uniform-related accessories. The City shall report Uniform Allowance for Classic members to the California Public Employees’ Retirement System (CalPERS) on a per pay period basis in accordance with the Public Employees’ Retirement Law (PERL) and applicable regulations.
Uniforms damaged in the line of duty may be replaced by the department upon proper application through departmental procedures.
All uniform and uniform-related items worn are to be approved and recognized by the department as proper duty uniform pieces.
It is understood by both parties to this agreement that employees are responsible to purchase additional uniforms or other authorized non-specific items which relate to the employee’s current position from their uniform allowance.
All amounts spent for uniform items in excess of the stated uniform allowance are the 52 responsibility of the employee.
The City agrees to provide new employees at the time of appointment for the following items:
One (1) Department approved ball cap style hat
One (1) Department approved beanie cap
Two (2) Class B shirts (one short and one long sleeve)
One (1) Department polo shirt
Three (3) Class B uniform pants
One (1) pair BDU style pants
One (1) pair BDU style duty shorts
Four (4) Department approved duty T-shirts (3 short sleeve & 1 long sleeve) One (1) pair Department approved PT shorts
One (1) black leather uniform belt with Department buckle One (1) pair authorized station boots
One (1) authorized job shirt (collard sweatshirt)
One (1) Class B jacket approved by the Chief
One (1) EMS Bio jacket
Two (2) rank appropriate duty badges
Two (2) name badges
Three (3) rank appropriate pass tags
B. Upon execution of this agreement, the City shall furnish all employees hired prior to January1, 2013, with a second badge and name badge listed above.
C. After completion of the probationary period, City will pay the cost for each new hire to purchase a full Class A uniform. Such uniform shall be consistent with the current Class A uniform standards approved by the department head or designee.
D.If an employee loses or damages any items listed above due to negligence it will be at the employee’s expense to replace these items.
E. The uniform allowance will be paid in payments of equal amounts on each paycheck. The first payment for new employees will commence the first pay period following their one-year anniversary.
F. The City shall furnish all forms of personal protective clothing that may be required as a condition of employment by the City and/or State, Federal, or local safety laws, standards, rules, and regulations, and shall be applicable to all work covered by this Agreement.
G.The City shall furnish each employee with a complete set of personal protective clothing provided for use and required to be worn during certain incidents.
1. Structure turnouts consist of:
53 Structure helmet (black with county standardized rank appropriate tetrahedron and leather shield)
Two turnout coats with liner
Two turnout pants with liner Suspenders
Leather structure turnout boots
Structure gloves
Eye protection (goggles)
Two Nomex hoods
One (1) second stage regulator for SCBA mask
2. Wildland turnouts consist of:
Wildland helmet with shroud
Two (2) Wildland jackets
Two (2) Wildland pants
Wildland boots (lug soled with composite shank)
Wildland Gloves
Eye protection (goggles)
21. TUITION REIMBURSEMENT
Regular employees may be eligible to receive up to one thousand dollars ($1,000.00) each fiscal year towards tuition reimbursement for educational purposes, which tend to improve their ability to accomplish their city jobs, subject to approval of the City Manager or his/her designee.
For reimbursement of tuition expenses, employees must maintain at least a “B” average for those courses graded on the A, B, C, D, F scale.
For reimbursement for certificated State Fire Marshal Courses, employees must receive a passing score.
An official transcript of course(s) completed, or a copy of the certificate earned must be submitted with the request for reimbursement.
22. OUTSIDE EMPLOYMENT
Employees shall not engage in outside employment or business activities, which involve such hours of work or physical effort that it would or could be reasonably expected to reduce the quality or quantity of such person’s services to the City.
Employees shall not be engaged in any outside employment that involves the performance by them of any work, which will come before them as officers or employees of the City, or under their supervision, for approval or inspection.
Employees shall not accept employment that is in conflict with provisions of Government Code Section 97000 (Conflict of Interest). Before accepting outside employment, an employee must first obtain approval from his/her Department Head.
54 The employee shall submit a statement to the Department head naming the prospective employer, his/her address and telephone number, and outlining the proposed duties and the hours of work.
Approval may be denied if, in the opinion of the Department head, such outside employment is incompatible with the proper discharge of the employee’s official duties and/or constitutes a conflict of interest. All such approvals shall be resubmitted prior to January 10, each year to maintain a valid continuous authorization.
Authorization for outside employment is automatically terminated whenever the outside employer and/or nature of outside employment changes from that specified on the request for outside employment approval.
When such a change occurs, employees shall apply for a new approval for outside employment as provided herein.
With approval of the City Manager and Department head, employees may be employed or conduct business outside City employment consistent with the limitations above.
Employees shall not make decisions nor participate in decisions affecting projects sponsored in whole or in part by people or companies they have contracted or subcontracted with. Employees shall not make decisions or participate in decisions concerning projects sponsored (in whole or in part) by people they have worked for within the past 12 months, are currently working for, or anticipate working for in the future.
23. FAIR EMPLOYMENT PRACTICE
The City of Patterson assures any technique or procedure used in recruitment and selection of employees shall be designated to measure only the job-related qualifications of applicants.
No recruitment or selection technique shall be used which, in the opinion of the Human Resources Director, is not justifiably linked to successful job performance.
It is the policy of the City that no technique, procedure or policy in recruitment and selection shall be discriminatory to any group protected by state or federal legislation.
24. NON-DISCRIMINATION POLICY
The City shall offer equal employment to all persons without regard to race, creed, color, ancestry, sex, sexual orientation, age, gender, gender identity, gender expression, genetic information, national origin, religion, physical or mental disability, medical condition, marital status or veteran’s status.
No applicant is to be discriminated against or given preference because of these factors.
This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination and all other privileges, terms and conditions of employment.
25. SEVERABILITY
If any part of this contract is found to be unlawful or invalid, the remainder of the contract will remain in force.
The parties agree to meet and confer over substitute language for the invalidated portion.
26. PAST PRACTICES
The City agrees that practices and policies not changed by this agreement will continue during the term of the contract.
55 APPENDIX A
International Association of Fire Fighters, Local 4577 (IAFF)
PATTERSON FIREFIGHTERS ASSOCIATION
Salary Schedule
EFFECTIVE JULY 01, 2022
Classification Step A Step B Step C Step D Step E Step F Step G Step A Step B Step C Step D Step E Step F Step G Fire Captain - Paramedic $7,319.44 $7,685.41 $8,069.68 $8,473.17 $8,896.83 $9,341.67 $9,808.75 $3,659.72 $3,842.71 $4,034.84 $4,236.58 $4,448.41 $4,670.83 $4,904.38 Fire Captain $6,631.05 $6,962.60 $7,310.73 $7,676.27 $8,060.08 $8,463.09 $8,886.24 $3,315.53 $3,481.30 $3,655.37 $3,838.14 $4,030.04 $4,231.54 $4,443.12 Fire Engineer - Paramedic $6,469.32 $6,792.78 $7,132.42 $7,489.05 $7,863.50 $8,256.67 $8,669.51 $3,234.66 $3,396.39 $3,566.21 $3,744.52 $3,931.75 $4,128.34 $4,334.75 Fire Engineer $5,860.88 $6,153.93 $6,461.62 $6,784.71 $7,123.94 $7,480.14 $7,854.14 $2,930.44 $3,076.96 $3,230.81 $3,392.35 $3,561.97 $3,740.07 $3,927.07 Fire Fighter - Paramedic $5,578.47 $5,857.40 $6,150.27 $6,457.78 $6,780.67 $7,119.70 $7,475.69 $2,789.24 $2,928.70 $3,075.13 $3,228.89 $3,390.33 $3,559.85 $3,737.84 Fire Fighter $5,053.82 $5,306.51 $5,571.84 $5,850.43 $6,142.95 $6,450.10 $6,772.60 $2,526.91 $2,653.26 $2,785.92 $2,925.22 $3,071.48 $3,225.05 $3,386.30 Monthly Semi-Monthly
56 MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF PATTERSON
And
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 4577 PATTERSON
FIREFIGHTERS ASSOCIATION
Pursuant to the Personnel Rules and Regulations of the City of Patterson and Section 3500 et seq of the Government Code, the duly authorized representatives of the City and IAFF 4577, having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.
FOR THE CITY: FOR THE UNION:
_________________________ _________________________
Ken Irwin Michael McLaughlin
City Manager President
_________________________ _________________________
Marie Guillory-Jones Joe Winters
Human Resources Director Vice-President
_________________________
Patrick Clark
Chief Labor Negotiator