MEMORANDUM
OF
UNDERSTANDING
BETWEEN
THE CITY OF RIVERSIDE
AND
THE RIVERSIDE FIREFIGHTERS’ ASSOCIATION, INC.
July 1, 2016January 1, 2023 - December 31, 20215
2 TABLE OF CONTENTS
PREAMBLE ................................................................................................................................... 3 SECTION 1 SALARIES ............................................................................................................... 3 SECTION 2 LENGTH OF SERVICE REQUIREMENT FOR STEP PROGRESSION ...... 4 SECTION 3 PROBATIONARY PERIOD .................................................................................. 4 SECTION 4 RECLASSIFICATION POLICY ............................................................................ 4 SECTION 5 TEMPORARY UPGRADE .................................................................................... 4 SECTION 6 SALARY DIFFERENTIALS/CERTIFICATION BONUSES .............................. 4 SECTION 7 MEALS ..................................................................................................................... 6 SECTION 8 VACATION SELECTION ...................................................................................... 6 SECTION 9 HOLIDAYS .............................................................................................................. 8 SECTION 10 TIME EXCHANGE ............................................................................................... 9 SECTION 11 HEALTH AND DENTAL INSURANCE ............................................................. 9 SECTION 12 HEALTH INSURANCE WAIVER STIPEND .................................................. 10 SECTION 13 LIFE INSURANCE ............................................................................................. 11 SECTION 14 RETIREMENT SYSTEM/CONTRIBUTION ................................................... 11 SECTION 15 ESTABLISHMENT OF RETIREE MEDICAL TRUST FUND ...................... 14 SECTION 16 LONG-TERM DISABILITY ............................................................................... 16 SECTION 17 DEFERRED COMPENSATION ....................................................................... 16 SECTION 18 STAFFING MINIMUMS ..................................................................................... 16 SECTION 19 SICK LEAVE ....................................................................................................... 18 SECTION 20 FMLA and FRA................................................................................................... 18 SECTION 21 HOURS AND OVERTIME ................................................................................ 19 SECTION 22 CALLBACK ......................................................................................................... 21 SECTION 23 COURT TIME ..................................................................................................... 21 SECTION 24 ON-CALL ............................................................................................................. 21 SECTION 25 GRIEVANCE PROCEDURE ............................................................................ 21 SECTION 26 LABOR RELATIONS LEAVE TIME ................................................................ 24 SECTION 27 DUTY STATION ASSIGNMENTS ................................................................... 23 SECTION 28 BEREAVEMENT LEAVE .................................................................................. 25 SECTION 29 TRAINING ........................................................................................................... 25 SECTION 30 ABANDONMENT OF POSITION .................................................................... 25 SECTION 31 PARAMEDIC SERVICES PROGRAM ........................................................... 25 SECTION 32 COMPENSATION STUDY AND SALARY COMPACTIONCHIEF ARSON INVESTIGATOR ......................................................................................................................... 24 SECTION 33 SAFETY EQUIPMENT ...................................................................................... 27 SECTION 34 FIRE COMPLAINT POLICY ............................................................................. 27 SECTION 35 REASONABLE SUSPISION DRUG TESTING POLICY ............................. 27 SECTION 36 BODY ART .......................................................................................................... 27 SECTION 37 ............................................................................................................................... 28 SECTION 38 DUES DEDUCTION AGENCY SHOP ............................................................ 28 SECTION 39 PROVISIONS OF LAW ..................................................................................... 30
ATTACHMENT A COMPLAINT POLICY
ATTACHMENT B REASONABLE SUSPICION AND POST ACCIDENT POLICY ATTACHMENT C 96-HOUR RULE POLICY
ATTACHMENT D - 2023 CITY CONTRIBUTION FOR MEDICAL PLANS 3 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF RIVERSIDE
AND RIVERSIDE FIREFIGHTERS' ASSOCIATION, INC.
PREAMBLE
Representatives of Management for the Cit y of Riverside (hereafter "City") and representatives of the Riverside Firefighters' Association, Inc. (hereafter "Association") have met on a number of occasions and have conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of non-management employee-mem bers in the Fire Unit represented by the Association.
The City management represent atives and the representat ives of the Riverside Firefighters' Association, Inc. hav e reached an understanding as to certain recommendations to be made to the City Council for the City of Riverside and have agreed that the parties heret o will jointly urge said Council to adopt one or more resolutions which will set forth the w ages, hours, fringe benefits and other terms and conditions of employment of employees in the Fire Unit contai ned in these joint recommendations.
THEREFORE, the representat ives of City management and the Riverside Firefighters' Association, Inc. agree as follows:
The parties hereto shall jointly recommend to the City Council of the City of Riverside that one or more resolutions be a dopted setting forth the following salaries, fringe benefits and other terms of employment for the employees in the Fire Unit represented by the Associat ion for the period beginning July January 1, 201623, and ending at the close of regular business hours December 31, 202 15. This Comprehensive Memorandum of U nderstanding (MOU) supersedes the Comprehensive MOU between t he parties covering the per iod between July 1, 2014 and June 30, 2017.
SECTION 1
SALARIES
Wage increases during the term of this agr eement are based on the rate of growth in the total combined dollar amount of the Balanced Revenue Index (BRI) in the General Fund, not to exceed one half (i.e . 50%) of the year-over-year rate of growth. The BRI is comprised of the Bradley Burns (1%) and any City of Riverside voter approved portion of the Sales Tax, the City’ s portion of the Property Ta x (general property tax only, 4 excluding local measures), the Transient Occupancy Tax, and the Utility Consumption Tax. Payments will be based on audited financials for each fiscal year.
A. The Union agrees to def er the two and one half percent (2.5%) increase to base salary previously scheduled for July 1, 2016.
B. Effective the first pay per iod following January 1, 2018, the base salary shall be increased a minimum of two percent (2%) and a maximum of fo ur percent (4%) based upon the rate of growth of the BRI for fiscal year 2016-2017
C. Effective the first pay per iod following January 1, 2019, the base salary shall be increased a minimum of three percent (3%) and a maximum of five percent (5%) based upon the rate of growth of the BRI for fiscal year 2017-2018.
D. Effective the first pay per iod following January 1, 2019, an incentive in the form of an additional base salary increase of one and one half percent (1.5%) shall be given in lieu of the two and one half percent (2.5%) deferral in July 2016.
E. Effective the first pay per iod following Januar y 1, 2020, the base salary shall be increased a minimum of three percent (3%) and a maximum of five percent (5%) based upon the rate of growth of the BRI for fiscal year 2018-2019.
F. Effective the first pay per iod following January 1, 2020, an incentive in the form of an additional base salary increase of one and one half percent (1.5%) shall be given in lieu of the two and one half percent (2.5%) deferral in July 2016.
G. Effective the first pay period following January 1, 2021, the base salary shall be increased a minimum of two percent (2%) and a maximum of fo ur percent (4%) based upon the rate of growth of the BRI for fiscal year 2019-2020.
A. All represented RCFA City employees as of the date payment is made will receive a one-time non-PERSable stipend of $10,000 to be paid with the first pay period after City Council approval.
A.B. Effective the first pay period following July 1, 2023, all members of the bargaining unit will receive a five percent (5%) increase to their base salary.
C. Effective the first pay period following July 1, 2024, all members of the bargaining unit will receive a three percent (3%) increase to their base salary.
D. Effective the first pay period following July 1, 2025, all members of the bargaining unit will receive a three percent (3%) increase to their base salary.
5 SECTION 2
LENGTH OF SERVICE REQUIREMENT FOR STEP PROGRESSION
The City shall provide a merit step incr ease upon each 12 months of service for satisfactory job performance until the employee reaches the top step of the range.
SECTION 3
PROBATIONARY PERIOD
All employees shall serve a probationary period of 12 months (initial and promotional).
SECTION 4
RECLASSIFICATION POLICY
The City reclassification policy shall require a salary increase to the next higher step upon reclassification.
SECTION 5
TEMPORARY UPGRADE
A temporary 5% increase shall be given to a Firefighter assuming the duties of an Engineer, to an Engineer assuming the duties of a Captain, and to a Captain assuming the duties of a Battalion Chief.
SECTION 6
SALARY DIFFERENTIALS/CERTIFICATION BONUSES
A. Employees eligible to receive the following assignment bonuses (stipends) shall have the bonus (stipend) calculated as a percentage of the base salary paid to an employee in the classification of Firefighter at top step, as follows:
1. Paramedic (paid only to employees in classification of Firefighter) 15%
2. Engine Certification 3%
3. Squad Assignment 3%
4. HazMat 4%
5. Tech Rescue 4%
6. Shift Investigator 4%
B. All employees certified for Emergency Medical Services (EMS) as an EMT by the Riverside County Health Department who do not receive the paramedic differential shall receive a 2% EMS bonus calculated as a percentage of base pay.
6 C. The City will provide the followi ng bonuses to all qualifying employees:
1. A bonus equal to 5% of base salary to each employee who has earned a Bachelor’s Degree from an accredited university or college in a job related area based on the same crit eria used to determine eligibility for tuition reimbursement, provided that all individuals who possess a Bachelor’s Degree at the time the cert ification program takes effe ct shall be entitled to the bonus, irrespective of the area of study.
2. A bonus equal to 2.5% of base salary when employees have completed all course requirements to be eligible to attain certificate for each of the following levels, with the maximum aggregate bonuses available to any employee being 12.5% of the employee’s base salary for the following:
a. Completion of course requirements for eEducational Certificates issued by the State of California:
1. Fire Officer
2. Chief Officer
3. Instructor III
4. Investigator II (to sunset for new award as of 12/31/23, except for those who are currently serving as Arson Investigators for the RFD Fire Investigations Unit)
5. Fire Marshal (to sunset for new award as of 12/31/23)
b. Center for Public Safety Excellence Accreditation
-Fire Officer
Bc. A Fire Science equivalent Associate Degree Certificate from an accredited community college or equivalent Associate Degree.
d. Special Operational Positions:
1. Fully qualified by the CICCS/NWCG position taskbook
‐ 2. Qualified Strike Team Leader
3. Qualified Division Group Supervisor
4. Rostered and deployable Member of California Task Force 6 (USAR)
e. Specified Department Assignments:
1. CPSE Accreditation Manager
2. Insurance Service Office (ISO) Manager
3. A bonus equal to 2.5% of base salary to each employee who has earned an Executive Fire Officer Certification or a Master’s Degree from an accredited university or college in a job related ar ea based on the same criteria used to 7 determine eligibility for tu ition reimbursement, provid ed that all individuals who possess a Master’s Degree or Execut ive Fire Officer Certification at the time the certification program takes e ffect shall be entitled to the bonus, irrespective of the area of study.
4. An employee receiving a bonus for ear ning a Bachelor’s Degree, Master’s Degree, or Executive Fire Officer Certif ication shall not be entitled to a 2.5% bonus pursuant to section 6C2bc.
D. Employees occupying the classification of Fire Engineer an d Fire Captain who maintain Paramedic certification shall receive a bonus equal to 5% of their basic pay. These individuals will continue to be eligible to receive EMS bonus. In return all pending grievances and claims by indivi duals promoted from the classification of Firefighter to a higher paying classification at a time when they were receiving a paramedic bonus to the effect that they should have been promoted to a higher pay step in the new classification shall be withdrawn.
ED. Bilingual Pay – The bilingua l stipend shall be an additi onal two percent (2%) of base salary.
SECTION 7
MEALS
The City shall continue to require that all affected sworn personnel assigned to the 24- hour shift schedule shall eat all on-duty meals together. This provision shall not obligate the City to purchase or provide the food for t hose meals. Nor shall this provision apply during emergencies.
SECTION 8
VACATION SELECTION
A. No paid vacation leave shall be allow ed until and unless such leave has been already earned and no vacation can be us ed until the completion of six (6) months of continuous employment.
A. B. Unit members shall be entitled to utilize earned vacation benefits on the date or dates selected by the unit member subject to the following conditions:
CB. The unit member must:
1. Give at least twelve (12) hours advance notice.
2. Secure approval from t he supervising Battalion Chief;
3. Utilize the time off in one or more four (4) hour blocks;
4. Procure a replacement in the same cl assification to fill in during his/her absence; and
8 5. Maintain all required certifications and satisfy all departmental mandated training requirements.
a. When a training session is designated as mandatory, the department will hold three (3) training sessions per shift; one at the beginning of the month, one at the end of the month, and one in the month following the training. b. Employees are required to attend one of the three (3) training sessions offered while on duty. If an employee cannot attend one of the three (3) sessions offered on their assigned sh ift, said employee shall attend a training session offered on another shift on their own time. c. Mandatory Training sessions are: EMT-Refresher training, HazMat training, Confined Space training, and Respiratory training.
DC. The exercise of privileges under this section shall not apply to emergency situations or similar conditions where the needs of the Fire Department require employee availability; the exercise of privileges under this section is subject to existing vacation accrual limitations.
DE. An employee may not volunteer to work overtime on his/her own shift while utilizing vacation benefits. An employee may work to cover an absence caused by his/her vacation upon the condition that the employee be compensated therefore at his/her regular hourly rate of pay. When such occurs, vacation time shall not be counted as “hours worked” for purposes of the Fair Labor Standards Act during the affected pay period(s).
EF. Department management and Association r epresentatives will periodically review the operations of this section to avoid abuses.
GF. At the end ofIn January of each calendar year, unused vacation accrual in excess of the following previous year’s maximum accrual will be rolled into the employee’s individual account with the medical trust. shall be paid off in cash on an hour-for-hour basis at the employee’s regular hourly rate of pay.
SECTION 9
HOLIDAYS
A. Each employee hired after Septem ber 21, 2001 shall be regarded as electing to receive holiday compensation in the form of time off with pay, provided that upon the conclusion of that individual’s initial probationary period he/she shall have a one time only option to change that selection to provide that the employee will receive all future holiday compensation in the fo rm of a cash payment. Each individual employed in a classification in the Fire Un it as of September 21, 2001 was required to make an irrevocable election whether to receive holiday compensation in the form of time off with pay or in the form of a cash payment. 9 B. Employees electing pay shall receive it in one lump sum payment at the end of the last pay period the following November.
C. The unit member who has elected to receive holiday compensation in the form of time off with pay must:
1. Give at least twelve (12) hours advance notice;
2. Secure approval from the supervising Battalion Chief;
3. Utilize the time off in one or more twelve (12) hour blocks;
4. Procure a replacement in the same cl assification to fill in during his/her absence; and
5. Maintain all required certifications and satisfy all department mandated training requirements.
a. When a training session is designated as mandatory, the department will hold three (3) training sessions per shift; one at the beginning of the month, one at the end of the mont h, and one in the month following the initial training.
b. Employees are required to attend one of the three (3) training sessions offered while on duty. If an employee cannot attend one of the three (3) sessions offered on their assigned sh ift, said employee shall attend a training session offered on another shift on their own time. c. Mandatory Training sessions are: EMT-Refresher training, HazMat training, Confined Space training, and Respiratory training.
D. Authorized holidays are as follows:
January 1st - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President's Day*
Last Monday in March – Cesar Chavez Holiday – to be observed starting 2019 Last Monday in May - Memorial Day
June 19
th - Juneteenth
July 4th - Independence Day
First Monday in September - Labor Day
Second Monday in October - Columbus Day*
November 11th - Veteran's Day*
Fourth Thursday in November - Thanksgiving Day
The day following Thanksgiving Day
December 25th - Christmas Day
*Except non-shift personnel who are gi ven a floating holiday in lieu of.
SECTION 10
10 TIME EXCHANGE
Each employee shall enjoy unlimited time exchange privileges subject to existing procedures.
The unit member must:
1. Give at least twelve (12) hours advance notice;
2. Secure approval from t he supervising Battalion Chief;
3. Procure a replacement in the same classification to fill in during his/her absence;
4. Maintain all required certifications and satisfy all department mandated training requirements.
a. When a training session is designat ed as mandatory, the department will hold three (3) training sessions per shift; one at the beginning of the month, one at the end of the mont h, and one in the month following the initial training.
b. Employees are required to attend one of the three (3) training sessions offered while on duty. If an employee cannot attend one of the three (3) sessions offered on their assigned sh ift, said employee shall attend a training session offered on another shift on their own time. c. Mandatory Training sessions are: EMT-Refresher training, HazMat training, Confined Space training, and Respiratory training.
SECTION 11
HEALTH AND DENTAL INSURANCE
The City will pay the monthl y premiums on behalf of eac h employee and eligible dependent under the medical insurance programs available through the City. The City’s 2023 contributions to the ava ilable medical programs are lis ted in Attachment D.
Contribution amounts ar e subject to change annually based on actual medical plan premium changes. , not to exceed the following limitations:
A. Category
1. Employee only $581
2. Employee plus 1 dependent $815
3. Employee plus 2 or more dependents $965
Any increases in health insurance premiums e a c h p l a n y e a r will be divided equally between the City and employees.
Effective the first paycheck in December 20 1623, the monthly City contribution for employee + one dependent will increase by forty eighty dollars ($ 480). 11 bringing the monthly am ount to eight hundred and fifty-five dollars ($855). The monthly City contribution for employee + two or more dependents will increase by fifty fiveone hundred forty dollars ($ 55140). bringing the monthly amount to one thousand and twenty dollars ($1,020). The monthly City contribution for employee only coverage will increase by thir ty dollars ($30) bringing the monthly amount to six hundred and eleven dollars ($611).
Effective the first paycheck in December 2018, any increases in health insurance premiums from that time forward will be divided equally between the City and employees.
Effective the first payche ck in December 2024, the monthly City contribution for employee + one dependent will increase by forty dollars ($40) . The monthly City contribution for employee + two or more dependents will increase by seventy dollars ($70).
B. The City shall contribute $35.00 per mont h toward the payment of premiums on behalf of each employee participation, in the City’s dental plan.
C. The City and Association will work coll aboratively, through the Citywide Health Benefits Committee comprised of representa tives of all labor unions, to study and provide recommendations on health care coverage for retired City employees, who are currently covered under the City’s health care plans.
SECTION 12
HEALTH INSURANCE WAIVER STIPEND
A. Employees who do not elect to participat e in the City’s health insurance program and receive the contributions described above in Section 11A and can show proof of insurance shall receive a st ipend of no less than $2,000 the last pay period in November.
B. Employees must be employed through the end of the last payroll period in November to qualify for this benefit. C. Current employees on payroll through November who did not work the entire 12-month period shall earn the stipend on a pro-rata basis.
D. This can be paid into deferred com pensation through payroll, not to exceed annual IRS deferred compensation limits.
12 SECTION 13
LIFE INSURANCE
The City shall provide term life insurance in the amount of $100,000 for each unit member effective as soon as administratively possible after the adoption of the MOU.
SECTION 14
RETIREMENT SYSTEM/CONTRIBUTION
The City offers a defined retirement benef it plan through the California Public Employees’ Retirement System (CalPERS) and there are thr ee (3) tiers depending on date of hire which define the various retire ment levels for the member’s retirement formula, final compensation calculation a nd employee contribution/cost sharing as follows:
A. Tier 1 - Employees hired prior to June 11, 2011.
The retirement formula is 3% at 50 years of age. Final compensation is based on the single highest year (highest consecutive 12 months) pursuant to Government Code Section 20042.
The City shall continue to pay the Employ er Paid Member Contribution (EPMC).
Those employer paid member contributions shall be credited to the employee’s account with PERS. In addition, those empl oyer paid member contributions shall be reported to PERS as pensionable in come in accordance with California Government Code Section 20636(c)(4). In no event shall the EPMC exceed nine (9%) of pensionable income of the affected member contribution for public safety members of CalPERS.
Effective the first pay period following January 1, 2019, repr esented employees in Retirement Tier 1 shall pay a portion of the required employer contribution equal to two and one half percent (2.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516(f).
Effective the first pay period following January 1, 2020, represented employees in Retirement Tier 1 shall pay an additi onal portion of the required employer contribution equal to two and one half perc ent (2.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516(f) so that the total amount of the employer contribution paid by the employee shall equal five percent (5%) of pensionable income.
Effective the first pay period following January 1, 2021, represented employees in Retirement Tier 1 shall pay an additi onal portion of the required employer contribution equal to two percent (2%) of pensionable income pursuant to the cost-sharing provisions set forth in Calif ornia Government Code Section 20516(f) 13 so that the total amount of the employer contribution paid by the employee shall be equal to seven percent (7%) of pensionable income.
Effective the first pay period followi ng December 30, 2021, represented employees in Retirement Tier 1 shall pa y an additional portion of the required employer contribution equal to one percent (1%) of pensionable income pursuant to the cost-sharing provisions set fort h in California Government Code Section 20516(f) so that the total amount of th e employer contribution paid by the employee shall equal to eight percent (8%) of pensionable income.
Effective the first pay period followi ng July 1, 2023, or as soon as administratively possible thereafter, repr esented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to two percent (2%) of pensionable income pursuant ofto the cost sharing provisions set forth in Californi a Government code section 20516 (f) so that the total amount of the employer contribution paid by the employ ee shall equal ten percent (10%) of pensionable income.
Effective the first pay period following Ju ly 1, 2024, represen ted employees in Retirement Tier 1 shall pay an additi onal portion of the required employer contribution equal to one percent (1%) of pensionable income pursuant ofto the cost sharing provisions set forth in California Government code section 20516(f) so that the total amount of the employer contribution paid by the employee shall equal eleven percent (11%) of pensionable income.
3. Effective the first pay period fo llowing July 1, 2025, represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one per cent (1%) of pensionable income pursuant ofto the cost sharing provisions set forth in California Government code section 20516(f) so that the total amount of the employer contribution paid by the employee shall equal twelve percent (12%) of pensionable income.
B. Tier 2 – All employees hired on or after J une 11, 2011, but prior to January 1, 2013, or employees hired by the City on and after January 1, 2013, who meet the definition of a classic member as stated by the CalPERS rules or have worked for an agency whose retirement system has reciprocit y with PERS, within si x (6) months of a break in service.
The retirement formula for bargaining unit me mbers in this tier is 3% at 55 years of age pursuant to Government Code Se ction 21363.1. Final compensation is calculated as the average of the three (3) highest consec utive years pursuant to Government Code Section 20037. Employ ees in Tier 2 pay the entire member contribution, which is nine percent (9%) of compensation.
14 Effective the first pay period follo wing July 1, 2023, or as soon as administratively possible thereafter, repr esented employees in Retirement Tier 2 shall pay one percent (1%) of pension able income towards the required employer contribution pursuant to the cost sharing prov isions set forth in California Government code section 20516.(f)
Effective the first pay period, followin g July 1, 2024, repr esented employees in Retirement Tier 2 shall pay an additi onal portion of the required employer contribution equal to one percent (1%) of pensionable income pursuant ofto the cost sharing provisions set forth in California Government code section 20516(f) so that the total amount of the employer contribution paid by the employee shall equal two percent (2%) of pensionable income.
Effective the first pay period, followin g July 1, 2025, repr esented employees in Retirement Tier 2 shall pay an additi onal portion of the required employer contribution equal to one percent (1%) of pensionable income pursuant ofto the cost sharing provisions set forth in California Government code section 20516(f) so that the total amount of the employer contribution paid by the employee shall equal three percent (3%) of pensionable income.
C. Tier 3 - Employees hired on or after January 1, 2013, and who are defined by the Public Employees’ Pension Reform Act (PEPRA) as new PERS members.
The retirement formula is 2.7% at 57 years of age. Final compensation is calculated as the average of the highest thirty six (36) consecutive months pursuant to Government Code Section 7522. 32(a). Employees in Tier 3 pay fifty percent (50%) of the no rmal cost to CalPERS . which is currently 12.25% of compensation.
Final tier determination and reciprocity elig ibility is made by PERS according to the membership eligibility requirements in the CalPERS Law.
New Member Definition:
A new member is defined in the California Public Employees’ Pension Reform Act of 2013 (PEPRA) as any of the following:
A new hire who is brought into CalP ERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system;
A new hire who is brought into CalPER S membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system;
15 A member who first established CalP ERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six (6) months.
Note: CalPERS refers to all members that do not fit within the definition of a new member as “classic members.”
E. The City shall provide the one half widow’s continuance option to all employees in the Fire Unit.
F. The RCFA does not waive the claim t hat employees hired between January 1, 2013, and June 30, 2014, were unlawfully placed as new members under PEPRA.
SECTION 15
ESTABLISHMENT OF RETIREE MEDICAL TRUST FUND
A. Except as provided in subparagraph B below, the City shall make a defined contribution each month toward the retiree medical trust fund established by the Association in an amount equal to the one hundred dollars ($100) for every employee in this unit of representation who is in a paid status.
B. The trust shall be administered by a “t hird party administrator” selected by the Southern California Firefighters Benefit Trust Board of Trustees.”
C. The Trust shall provide post-retire ment medical benefits in compliance with ERISA and the Internal Revenue Code according to the Medical Expense Reimbursement Plan (“Plan”) of the Trust, only to individuals who have met the eligibility.
D. The Association agrees to provi de a copy of the annual audited financial statements of the Trust upon request of the City, and the Association agrees to request authorization from the Board of Trustees for the City to audit the books and records of the Trust at the City’s request.
E. Upon retirement of an employee in this unit of representation, the City shall make pre-tax (to the extent permitted by the Internal Revenue Service) defined contributions to the Southern California Firefighters Benefit Trust (or such other Trust as the Association may designate from time to time) in an amount equal to 75% of the value of the sick leave payout entitled the employee pursuant to Section 18C of this Memorandum of Understanding (MOU) based upon the employee’s rate of pay immediately preceding retirement. The remaining 25% of the sick leave payout entitlement shall continue to be paid in cash to the employee upon retirement. These contributions shall only be used to pay retiree health insurance premiums or health services expenses, in accordance with the 16 terms of the Trust. The employee shall not have the option to receive a cash contribution for the value of the sick leave benefits contributed to the Trust fund in lieu of making those contributions.
F. The City shall remit the above defined contributions and/or accrued leave payments directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remitted bi-weekly, in one aggregate payment, (e.g. ACH transfer or wire) directly to the custodian of the Southern California Firefighters Benefit Trust within 30 days of the date the payment would have been payable to the employee. In addition, the City shall submit a monthly report of the contributing employees, in the format requested by the Southern California Firefighters Benefit Trust, that the City can reasonably develop, to the Trust office and to the Secretary-Treasurer of the Riverside City Firefighters Association.
a. The City shall also remit, on behalf of the employees of the Riverside City Firefighters Association, a defined contribution each month in the amount equal to twenty-fiveone hundred dollars ($10025). The employee contribution will be withheld, pre-tax, from each member’s paycheck bi- weekly. The withholding will be identified as a line-item, on each members pay stub, under Current Deductions, “FD RETMD.”
b. In January of each calendar year, unused vacation accrual in excess of the previous year’s maximum accrual will be rolled into the employee’s individual account with the medical trust.
G. The City’s obligation to provide pre-tax deposits would remain subject to Internal Revenue Service rules as they may be revised in the future. Should the Internal Revenue Service later determine that these contributions are no longer permissible on a pre-tax basis, the parties shall meet and confer in good faith to pursue alternative approaches for providing comparable benefits. If the parties are unable to reach an agreement, the retiree shall receive the entire sick leave payout in cash pursuant to the provisions of Section 18C of the MOU.
H. The Riverside City Firefighters Association agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.
I. The City provides no guarantee to Fi re employees regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this MOU shall constitute a 17 guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All City payments to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan.
The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in MOU.
SECTION 16
LONG-TERM DISABILITY
The City shall contribute ten dollars ($10.00) per month per employee toward the group long-term disability program maintained by the Association for its members.
SECTION 17
DEFERRED COMPENSATION
The City shall make available to affe cted employees its def erred compensation program.
SECTION 18
STAFFING MINIMUMS
A. Except as specifically provided he rein, the minimum staffing requirements shall provide that at all times there shall be on duty at least sixty-sevenseventy (6770) sworn fire suppression personnel, excluding employees in the classification of Fire Battalion Chief and above. Of those 6770, minimums shall apply to certain classifications as follows:
Fire Engineer 17
Fire Captain 17
Firefighter 3 36
Staffing reductions of Training Captain, Arson Captain and Squad 5 will be implemented for a period of 2 years effective July 1, 2016. Those staffing reductions shall be eliminated effective July 1, 2018. If the City experiences a substantial improvement in its financial position, the staffing reductions shall be eliminated effective July 1, 2017. Upon restoration of original levels, the number of Firefighters will increase from 33 to 34 and the overall total from 67 to 68. The Training Division will be restored totwo (2) day assigned Training Captains and the Chief Arson Investigator will be a day assigned Fire Captain will be restored.
18 At any time on or after July 1, 2017, tThe City reserves the right to compel the Association to meet and confer in good faith regarding potential staffing reductions; provided, however, that no reduction shall be accomplished without the mutual agreement of the parties.
B. The Fire Chief may elect to increase the above minimum staffing levels; in the event such increase, the Fire Depar tment will operate on t he basis of such increased staffing level(s) as if it were the minimum level es tablished by this M.O.U. In the event of such increase, the Fire Chief retains the right to reduce minimum staffing levels provided such reduction does not fall below the level specified in A above. Any such reduction must be on a long-term basis, as opposed to being implemented from day-to-day or on an ad hoc basis simply to avoid paying overtime on a daily or short-term basis.
C. Notwithstanding the languag e of sections A and B, fo r periods of eleven (11) hours or less, the Fire Department may oper ate at levels below those prescribed or set above because of temporary absences.
D. It is the City’s goal to maintain two in / two out staffing at all Fire stations. During the term of this Agreement, the Fire Department has agreed to refrain from filling twelve (12) Relief Fire Suppression posit ions. It is the City’s goal to increase staffing to achieve 4-person crews on all engines and trucks. Should the City, at its option, expand the number of 4-person crews, the addi tional sworn firefighter positions approved in the fiscal year 2006-07 budget would be allocated to achieve this increase rather than utilized as relief staff.
During the term of this Agreement, t he Fire Department has agreed to refrain from filling twelve (12) Relief Fire Suppre ssion positions. It is the City’s goal to increase staffing to achieve 4-person crews on all engines and trucks. Should the City, at its option, expand the number of 4-person crews, the additional sworn firefighter positions approved in the fiscal year 2006-07 budget would be allocated to achieve this increase rather than utilized as relief staff.
SECTION 19
SICK LEAVE
A. SICK LEAVE
Fire Unit employees assigned to suppression duties shall earn sick leave credit at the rate of twelve hours per month of employm ent. All other Fire Unit employees shall accumulate eight hours of sick leave credit fo r each full month of employment or major portion thereof. Such sick leave credit may be a ccumulated without limitation, except as provided elsewhere.
19 B. FAMILY SICK LEAVE
Sick leave for family illnesses will be allowed only for the sickness or injury of the spouse, child, mother, father, registered dom estic partner or child of the domestic partner of the employee. All family sick leave must be approved by management in the department and a doctor's certificate may be required in the case of sick leave for family illnesses in excess of one and one-half shifts.
For illnesses that qualify under FMLA, the procedures set forth in Section 19 shall apply.
C. SICK LEAVE PAYOUT
Accumulated unused sick leave at the time of retirement, or disability retirement, or death of an employee shall be paid to the indi vidual or his beneficia ry in accordance with the following formula:
1. More than 5 years but less than 10 years of continuo us service will be paid 25% of unused accumulated sick leave.
2. More than 10 years of continuo us service will be paid 50% of unused accumulated sick leave.
SECTION 20
FMLA/ and FRA
A. The City shall apply prov isions of the Family and Medical Leave Act of 1993 (FMLA) and the Moore-Brown-Roberti Family Rights Act (Gov. Code, § 12945.2) (FRA) to eligible unit members.
B. To be eligible for this benefit, the unit member must have at least twelve (12) months service with the City and have worked at least 1, 250 hours for the City in the preceding twelve (12) months.
C. Pursuant to FMLA and FRA, eligible unit members may use accrued vacation leave to care for a child, spouse or parent suffering from a serious health condition. If the leave is because of the employee’s own serious health condition, accrued sick leave shall be exhausted before utilizing accrued vacation leave.
D. Family care and medical leave shall be counted against and run concurrently with such accrued vacation leave or sick leave as described in section C.
E. Commencing July 1, 2023, the City and Association shall meet and confer regarding a Short-Term Disability Plan. Changes shall only be made by mutual agreement.
20 SECTION 21
HOURS AND OVERTIME
A. The workweek of affected employees (exc epting forty-hour per week employees) shall be adjusted to fifty-six (56) hour s per workweek, to be implemented in increments of twenty-four (24) hour shifts.
B. For all employees represented by t he Association who are assigned to fire suppression duties and work shifts of 24 hours duration (fire suppression employees), overtime shall be defined as all time worked in excess of the regularly scheduled work shift or in exce ss of 182 hours in a 24-day work period commencing April 4, 1986. Fo r all other employees the work period shall be seven days commencing Friday midnight and extending to the following Friday midnight. Employee shall receive overtime compensation therefore as follows:
1. For the purposes of administering th is policy, in accordance with the City's fourteen (14) day pay period, the City shall pay fire suppression employees 112 hours per pay period as follows:
a. The first 106 hours shall be paid at straight time.
b. The last six hours shall be paid at one and one-half times the employee's regular hourly rate of pay. To the extent permitted by the Public Em ployees' Retirement System
(PERS), earnings, if any, for these six hours shall be
separately reported to PERS as "compensation earnable"
for purposes of retirement calculations.
2. All hours worked beyond the regularly scheduled hours of work in a pay period shalI be paid at one and one- half times the employee's regular hourly rate of pay.
3. For purposes of calculating eligibilit y for overtime compensation, the City shall continue to count as hours act ually worked all paid leave time including, but not limited to, holi day, vacations, sick leave, industrial disability leave and compensatory time off.
4. With respect to fire suppression employees, hours worked because of a shift trade shall not be counted as ti me worked for purposes of calculating eligibility for overtime compensation; however, hours scheduled to be worked but not worked because of a shift trade shall be counted as time worked for purposes of calculating eligibility for overtime compensation.
5. An individual who volunteers to work to replace themselves because they elected to receive holiday compensat ion in the form of time off without 21 loss of pay shall only receive stra ight time overtime compensation therefore.
6. Employees shall have the opportuni ty to receive premium overtime compensation, as described above, in compensatory time off (CTO) subject to a maximum accrual limit of fifty-six (56) hours in accordance with current practices as defined below:
a. Emergency callback (not mandatory overtime)
b. Holdover
c. Strike Teams
7. It is the present int ent of the City and the administration of the Fire Department to maintain the current practice regarding overtime assignments, provided, however, that this agreement shall in no way be interpreted or applied to limited, abridge, restrict or modify the City's rights including, but not limited to, its pre-existing obligation to minimize overtime compensation.
C. No sworn firefighting employee shall be pe rmitted to work more than ninety-six (96) consecutive hours, in accordance with attachment C.
D. Unit members assigned to "D ay Shift" are eligible for a flexible work schedule subject to Fire Chief and City Manager di scretion and approval, consisting of a four-ten (4/10), nine-eighty (9/80) or s ubstantially equivalent two-week work period. The operation of this clause is specifically excluded from the grievance procedure set forth in Section 24 herei n and/or the City’s Employer-Employee Relations Resolution or any other administrative remedy.
E. Employees that are re gularly assigned responsibility for canine handling and care shall receive fifteen (15) hour s per month paid at the pr emium rate equal to time and one half (1 ½) of the employee’s rate . This stipend repr esents a good faith estimate by RCFA and the City as to the average amount of time K9 handlers devote to animal care.
F. The Association agrees to meet and confer commencing 60 days after Council approval of this MOU by forming a labor-management work group (maximum of 3 Labor / 3 Management) with the Association to create a policy about backfill overtime to ensure safe work environment and an equitable distribution about backfill, considering Meetings, Mutual Aid, Automatic Aid, Urban Search and Rescue activations and the backfill from these assignments.
SECTION 22
22 CALLBACK
Each Fire Unit employee who has been “called back” to duty to perform services for the City shall receive minimum overtime compensa tion of two hours pay at the rate of time and a half.
SECTION 23
COURT TIME
Employees will be compensated at the rate of one and one-half times their regular hourly rate for actual time spent standing-by or testifying in Court related to their official duties, provided that, with respect to required Court appearances, employees shall receive a minimum of four (4) hours compensati on at their regular hourly rate of pay, including automatic earnings.
SECTION 24
ON-CALL
Call time shall be that period of time other than regularly scheduled working time, when an employee at the direction of the department head is on sta ndby duty, is required to remain in the immediate area, and is ava ilable to receive and respond to calls for emergency service. Except as may be prov ided hereinafter, an employee on-call shall be compensated at the rate of four (4) hours of regular hourl y pay for each continuous twenty-four(24) hours on call. An employee on call from the end of a regularly scheduled daily work shift to the beginning of the next day’s regularly scheduled work shift shall receive compensation equivalent to one (1) hour of regular pay.
SECTION 25
GRIEVANCE PROCEDURE
A. PURPOSE:
To provide regular public safety employees with an orderly procedure for processing a grievance. The current MOU for the bar gaining unit should be referenced as to specific language.
B. DEFINITION:
A grievance is an allegation by an empl oyee that the employee has been adversely affected by a violation, misi nterpretation, or misapplicat ion of the specific written provisions of a Memorandum of Understanding, the City's salary and fringe benefit resolutions, or the City's written personnel policies and procedures.
C. POLICY:
Regular employees in the Fire and Fire Management and Police and Police Management Units shall use the hereinafter prescribed procedure for grievances 23 arising out of the administration of ordinances or regulations dealing with personnel, salary, or other benefits, any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures.
1. Representation - An employee ma y be represented at all stages of the grievance procedure by himself/ herse lf or, at his/her option, by a representative.
In this grievance procedure, any refe rence to grievant means grievant, his/her representative, and/or a bargaining unit.
2. Time Limits - The time limits herein are maximum time limits; however, time limits may be extended by mutual agreement.
a. In the event the grievant fails to meet a time limit, such failure shall constitute a waiver of the grievance.
b. In the event the City fails to me et a time limit, such failure shall allow the grievant to proceed to the next level of the grievance procedure.
3. Arbitration Costs and Selection - The cost of th e hearing officer/arbitrator shall be borne equally by the City and t he Association. If the parties are unable to agree upon a hearing officer or arbitrator, hearing officers and arbitrators shall be selected from a panel submitted by the California State Conciliation Service; each party shall al ternately strike names until there is one remaining. If the Association is neith er the grievant or the grievant's representative, the cost of the hearing officer/ar bitrator shall be borne equally by the City and the grievant.
D. PROCEDURE:
Responsibility Action
Department, Grievant 1. Informa l Step: As a general policy, attempts shall be made to ascertain
all facts and adjust all grievances on
an informal basis between the
grievant and a supervisor in the
chain of command up to and
including the Division Head.
Presentation of this grievance shall
24 be made within ten (10) working
days from the date the grievant
knew or should have known of the
act or occurrence giving rise to the
grievance.
Grievant 2. Step One: If the grievance is not
adjusted to the satisfaction of the
grievant within five (5) working days
after presentation of the grievance,
the grievant may submit the
grievance in writing to the
department head withi n the next ten
(10) working days.
Department Head 3. Meets with the grievant within five
(5) working days of receipt of the
written grievance and communicates
a decision to the grievant within five
(5) working days after the meeting.
Grievant 4. Step Two: If the grievant is not
satisfied with the decision of the
department head, the grievant may,
within ten (10) working days after
receipt of the department head's
decision, submit in writing the
grievance and request for a hearing
to the Assistant City Manager for
review.
Hearing Officer 5. Hears case and makes recom-
mendation according to the type of
grievance.
a. Non-disciplinary grievances:
Heard by a hearing officer
who shall make advisory
recommendations to the City
Manager. The City Manager's
decision shall be final.
b. Disciplinary grievances for
regular employees who are
suspended for ten (10) days
or more (three (3) shifts or
25 more for Fire Department
personnel assigned to work
more than 40 hours per
week), are demoted in rank,
or are terminated. Appeals to
a hearing officer whose
decision is final. Either party
may seek review of the
hearing officer's decision
pursuant to Code of Civil
Procedure Section 1094.5.
c. Other di sciplinary grievances
for employees who receive
discipline other than that
which is indicated in b. The
matter may be appealed to
binding grievance arbitration.
The arbitrator's decision and
award shall be final and
binding on the parties and
may be reviewed only pur-
suant to Code of Civil
Procedure Section 1285 et
seq.
SECTION 26
LABOR RELATIONS LEAVE TIME
A. Up to 528 hours per year during this agreement will be available collectively for the designated Association members for attendance at California Professional Firefighters and the International Association of Firefighters functions.
B.. Leave time must be requested in adv ance and the requesting employee must arrange for a replacement on a rank-for-rank basis.
SECTION 27
(Reserve for future use)
SECTION 28
BEREAVEMENT LEAVE
In addition to bereavement leave specif ied in the Human Resources Policy and 26 Procedure Manual, one day of paid bereavement l eave shall be allowed for purposes of attending the funeral in the event of the death of an uncle or aunt.
SECTION 29
TRAINING
All outdoor training scheduled when in the "Danger" level of the Heat Index on the OSHA-NIOSH Heat Safety Tool shall not be held and may be rescheduled at another time. Any scheduled drills which as scheduled woul d occur during a Stage" Smog Alert (0.50 ppm) or at a time when the temperat ure exceeds 100°F, shall not be held then and may be rescheduled at some other time.
SECTION 30
ABANDONMENT OF POSITION
The City's disciplinary policy shall be m odified to provide that absence without authorized leave for two consecutive working shifts creates a r ebuttable presumption that the employee has voluntarily abandoned his/her position. This presumption may be rebutted by the presentation to the Fire Chief of a satisf actory explanation for the absence. Absent an explanation that satisfies the Fire Chief, the abandonment may be grounds for disciplinary action, subject to t he established right of employees to appeal any such discipline.
SECTION 31
PARAMEDIC SERVICES PROGRAM
A. Licenses/Certifications:
1. Personnel assigned as a Paramedic will be required to maintain all licenses, accreditations, and certifications necessary to perform the duties of paramedic.
2. The City of Riverside Fire Department will pay the fees for State of California EMT-P licensure, and one-time Riversi de County accreditation fee, for personnel classified and assigned as Firefighter/Paramedic.
3. Failure to maintain all required Paramedic licenses, certifications, or accreditations will result in immediate termination and/or suspension.
4. All paramedic continuing education tr aining and recertification will be done on employee’s own time.
5. Despite subsection 4 abov e, the Department is now providing a majority of paramedic continuing education traini ng to compensate for the lack of external training opportunities.
27 The Department agrees to continue providing the same level of training and to meet and confer commencing 60 days after Council approval of this MOU by forming a labor-managem ent work group (maximum of 3 Labor / 3 M management) with the Associati on to increase the staffing for the training division in order to provide all paramedic continuing education internally before the end of this MOU.
SECTION 32
(Reserve for future use)
COMPENSATION STUDY AND SALARY COMPACTION
The City and Association agree to implement the following salary adjustments for the Firefighter (S and D), Fire Engineer (S and D), and Fire Captain (S and D) classifications in order to align salaries to the City’s labor market basket while also addressing compaction issues between the three levels.
A. Effective the first pay period following July 1, 2023, all members of the Firefighter classification will receive a three and one-half percent (3.5%) increase to their base salary.
B. Effective first pay period following July 1, 2023, maintain a minimum of 5% difference between 7th step Firefighter and 1st step Engineer base salary throughout the term of this contract
C. Effective first pay period following July 1, 2023, maintain a minimum of 5% difference between 3rd step Engineer and 1st step Captain base salary throughout the term of this contract. The existing differential between the Captain S and Captain D will continue for the term of this contract.
D. Effective first pay period following January 1, 2024, all members of the Fire Engineer classification will receive a one and one-half percent (1.5%) increase to their base salary.
E. Effective the first pay period following July 1, 2024, all members of the Firefighter classification will receive a three and one-half percent (3.5%) increase to their base salary.
F. Effective the first pay period following January 1, 2025, all members of the Fire Engineer classification will receive a one and one-half percent (1.5%) increase to their base salary.
28 The City and the Association agree to conduct a joint total compensation study. Parties will agree to a specific list of comparable agencies for Fire Department specific compensation by January 2025. The joint study will use compensation data of the mutually agreed upon agencies as of July 1, 2025.
SECTION 33
SAFETY EQUIPMENT
A committee shall be established to st udy and make recommendations to the management of the Fire Department regardi ng safety equipment. The committee shall be composed of one representative of m anagement from the Fire Department, one representative from the Association, and the City Safety Officer.
SECTION 34
FIRE COMPLAINT POLICY
The Fire Personnel Complaint Policy is SO P #1.12 and is found in its entirety as Attachment A.
SECTION 35
REASONABLE SUSPICION DRUG TESTING POLICY
The Reasonable Suspicion and Post-Accident Drug and Alcohol Testing Policy for Members of the Riverside City Firefighters’ Association is SOP # 1.13 and is found in its entirety as Attachment B.
SECTION 36
BODY ART
During the term of this Agreement, the Fi re Department shall prepare a Policy addressing tattoos and other bo dy art after meeting and c onferring in good faith with authorized representatives of the Association. The policy shall identify which tattoos and body art must be covered while the employee is on duty and the matter in which any covering shall occur, taking into account heat stress and other safety factors.
SECTION 37
The following wages, hours and ot her terms and conditions of employment of Fire Unit employees are described and set forth in the following sections of the City of Riverside FRINGE BENEFITS AND SALARY RESOLUTION:
Vacation Accrual Section 6,
29 subsections a, d, f and h
Bereavement Leave Section 8
Industrial Accident Leave Section 9
Leave of Absence Section 10
Military Leave of Absence Section 12
Witness Appearance Compensation (Civilian) Section 13
Jury Duty Compensation Section 14
Automobile Allowance and
Reimbursement for Expenses Section 15
Retirement Benefits Section 22,
Table 12
The contents of those provisions of the City of Riverside FRINGE BENEFITS AND SALARY RESOLUTION as they existed on July 1, 2006 are incorporated by reference herein and shall remain in full force and effect during the entire term of this agreement unless amended by mutual agreement of the parties.
SECTION 38
AGENCY SHOPDUES DEDUCTION
A. Dues Deduction
Each pay period, the Association shall provide the employ er with an “authorized deduction report” which includes bargaini ng unit members who have authorized the deduction of Association dues and the deduction amounts.
The Employer shall make the dues dedu ction from the employees’ paychecks and remit such deductions to the Association via Electronic Funds Transfer (EFT) within five (5) business days of each payday.
B. Indemnification
The Association shall indemnify and hold the Employer, its officers and employees, harmless from any and all clai ms, demands, suits, or any other action arising from the provisions herein.
Subject to Article III Section 4, payroll deductions, of the City's Employer Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
B. Any unit member who is not a member of the Association or who does not make application for membership within th irty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic dues; 30 provided, however, that the unit mem ber may authorize payroll deduction for such fee in the said manner as provided in paragraph 4.1, above.
C. Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Associat ion as the person authorized to receive such funds, at t he address specified.
D. The parties agree that the obligations herein ar e a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member in good standing of t he Association or to pay the equivalent of Associ ation dues during the term of this agreement shall constitute, generally, just and r easonable cause for termination.
E. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay per iod commencing fifteen (15) workdays or more after such submission.
F. No unit member shall be required to join the Association or to make an agency fee payment if the unit member is a actual verified member of a bonafide religion, body or sect which has histor ically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, in stead, arrange with th e Association to satisfy his/her obligation by donati ng the equivalent amount to one of the non-labor, non-religion charit able funds, tax exempt under Section 501 (c) 3 of the Internal Revenue Code, listed below:
(a) Riverside Firefighters Memorial Fund
(b) American Cancer Society
(c) Heart Association
G. Whenever a unit member shall be delinquent in the pay ment of dues or fees, the Association shall give the unit member written notice thereof and fifteen (15) days to cure the delinquen cy; a copy of said notice shall be forwarded to the MERO. In the event that the unit member fails to cure said delinquency, the Association shall request, in writing, that the City initiate termination proceedings. The terminati on proceedings shall be governed by applicable state laws and are specifically excluded from the Grievance Procedure Agreement.
H. The City shall not deduct monies specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically aut horized in writing by the unit member.
31 I. The Association shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request to the employees who are members of the Association, within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its President and Treasurer or corresponding principal officer, or by a Certified Public Accountant. A copy of financial reports required under the Labo r-Management Disclosures Act of 1959 or Government Code Section 3546.5 sh all satisfy this requirement.
J. This organizational security ar rangement shall be null and void during the period following expiration of the Me morandum of Understanding and prior to entering into a successor agreement containing the same provision for organizational security. Additionally, th is organizational security arrangement shall be null and void if rescinded by a vote of employees pursuant to Government Code Section 3502.5 (b).
K. The Association will defend, indemnify and hold harmless the City of Riverside from any loss, liability or cause of action arising out of the operation of this article.
L. It is understood and agreed that this Memorandum of Understanding is subject to all present and future applicab le federal and state laws and regulations and the provisions hereof shall be effect ive and implemented only to the extent permitted by such laws and regulations. If any par t of the Memorandum of Understanding is in conflic t or inconsistent with such applicable provisions of federal or state laws or regulations, otherwise held invalid or enforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws an d regulations and the remainder of the Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect.
SECTION 39
PROVISIONS OF LAW
A. It is understood and agreed that the sp ecific provisions contained in this Agreement shall prevail over all pr ior written agreements and all contrary practices and procedures. Any amendment s to this agreement shall require approval by City Council adoption.
B. It is understood that existing ordinances, resolutions and written policies of the City cover matters pertaini ng to employer-employee re lations including, but not limited to salaries, wages , benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies, including the Em ployer-Employee Relations Resolution are hereby incorporated herein by this reference and made a part hereof as though fully set forth and except as provided herein shall re main in full force and effect during 32 the term hereof. The parties hereto agree t hat northing in this MOU shall in any manner abridge, restrict or modify the rights and prerogat ives of the City and its employees as set forth in Article I, Sections 4 and 5, and Article III Section 1 B of Resolution No. 15079, or its successor, if any.
C. The City and the Associat ion agree that for the term of this Agreement, each party waives its rights and each party agr ees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement except as expressly provided for in this Agreement and as to meeting and confe rring over the renewal or continuation of this MOU at its expiration date in accordance wit h said Employer-Employee Relations Resolution.
D. It is understood and agreed t hat this MOU is subject to all present and future applicable federal and state la ws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations, or otherwise held invalid or unenforc eable by any tribunal or competent jurisdiction, such part of provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of the MOU shall not be affected thereby and shall remain in full force and effect.
Upon ratification by the membership of t he Association and by the City Council this Memorandum of Understanding shall be effective through December 31, 20215, and for the duration of any agreed upon extension.
MANAGEMENT REPRESENTATIVES RIVERSIDE FIREFIGHTERS’
CITY OF RIVERSIDE ASSOCIATION
By ____________________________ By ____________ ________________
By ____________________________ By ____________ ________________
By ____________________________ By ____________ ________________
By ____________________________ By ____________ ________________
DATED ________________________ DATED __ ______________________
33 ATTACHMENT D
2023 City Health/Vision Contributions
Group/Plan Coverage Level 2023 Monthly Health/Vision
City Contribution (Maximum)
Fire (70)
PLAN: BLUE SHIELD
PPO
Employee (Only) $775.99
Employee + 1 $1,185.02
Family $1,440.91
Fire (70)
PLAN: BLUE SHIELD
HMO 15
Employee (Only) $707.15
Employee + 1 $1,049.61
Family $1,288.81
Fire (70)
PLAN: BLUE SHIELD
HMO 20
Employee (Only) $692.47
Employee + 1 $1,019.87
Family $1,247.61
Fire (70)
PLAN: BLUE SHIELD
TRIO 20
Employee (Only) $671.33
Employee + 1 $977.07
Family $1,188.53
Fire (70)
PLAN: KAISER HMO 15
Employee (Only) $671.96
Employee + 1 $978.13
Family $1,184.60
Fire (70)
PLAN: KAISER HMO 30
Employee (Only) $666.46
Employee + 1 $967.03
Family $1,169.75