MOU - Redlined — Riverside City Council, September 17, 2024

12538534.1 RI085-067

MEMORANDUM
OF

UNDERSTANDING

BETWEEN

THE CITY OF RIVERSIDE
AND
THE RIVERSIDE FIREFIGHTERS’ ASSOCIATION, INC.

January 1, 2023 - December 31, 2025

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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 .............................................................................................................. 7 SECTION 10 TIME EXCHANGE ............................................................................................... 8 SECTION 11 HEALTH AND DENTAL INSURANCE ............................................................. 9 SECTION 12 HEALTH INSURANCE WAIVER STIPEND .................................................. 10 SECTION 13 LIFE INSURANCE ............................................................................................. 10 SECTION 14 RETIREMENT SYSTEM/CONTRIBUTION ................................................... 10 SECTION 15 MEDICAL TRUST FUND ................................................................................. 13 SECTION 16 LONG-TERM DISABILITY ............................................................................... 15 SECTION 17 DEFERRED COMPENSATION ....................................................................... 15 SECTION 18 STAFFING MINIMUMS ..................................................................................... 15 SECTION 19 SICK LEAVE ....................................................................................................... 16 SECTION 20 FMLA and FRA................................................................................................... 17 SECTION 21 HOURS AND OVERTIME ................................................................................ 17 SECTION 22 CALLBACK ......................................................................................................... 19 SECTION 23 COURT TIME ..................................................................................................... 19 SECTION 24 ON-CALL ............................................................................................................. 19 SECTION 25 GRIEVANCE PROCEDURE ............................................................................ 20 SECTION 26 LABOR RELATIONS LEAVE TIME ................................................................ 23 SECTION 27 RESERVE FOR FUTURE USE ....................................................................... 23 SECTION 28 BEREAVEMENT LEAVE .................................................................................. 23 SECTION 29 TRAINING ........................................................................................................... 23 SECTION 30 ABANDONMENT OF POSITION .................................................................... 23 SECTION 31 PARAMEDIC SERVICES PROGRAM ........................................................... 23 SECTION 32 COMPENSATION STUDY AND SALARY COMPACTION .............. …… 24 SECTION 33 SAFETY EQUIPMENT ...................................................................................... 25 SECTION 34 FIRE COMPLAINT POLICY ............................................................................. 25 SECTION 35 REASONABLE SUSPISION DRUG TESTING POLICY ............................. 25 SECTION 36 BODY ART ..................................................................................................... 2625 SECTION 37 ............................................................................................................................... 26 SECTION 38 DUES DEDUCTION ......................................................................................... 26 SECTION 39 PROVISIONS OF LAW ..................................................................................... 27

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

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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 benefit s 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 C ouncil to adopt one or more resolutions which will set forth the wages , 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 Association for the per iod beginning January 1, 2023, and ending at the close of regular business hours December 31, 2025.

SECTION 1

SALARIES

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.

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.

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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.

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

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Riverside County Health Department who do not receive the paramedic differential shall receive a 2% EMS bonus calculated as a percentage of base pay.

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 ef fect shall be entitled to the bonus, irrespective of the area of study.

2. A bonus equal to 2.5% of base sa lary, 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 requirement s for educational Certificates issued by the State of California:

1. Fire Officer

2. Chief Officer

3. Instructor II

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

c. A Fire Science equivalent Asso ciate Degree from an accredited community college.

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

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university or college in a job related ar ea based on the same criteria used to 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 6C2c.

Employees occupying the classificati on of Fire Engineer and 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.

D. Bilingual Pay – The biling ual stipend shall be an additional 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

No paid vacation leave shall be allowed until and unless such leave has been already earned and no vacation can be used until t he completion of six (6) months of continuous employment.

A. 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:

B. 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 classification to fill in during his/her absence; and

5. Maintain all required certificati ons and satisfy all departmental mandated training requirements.

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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.

C. The exercise of privileges under th is 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.

D. An employee may not volunteer to wo rk 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).

E. Department management and Association representatives will periodically review the operations of this section to avoid abuses.

F. 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.

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 Unit 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.

B. Employees electing pay shall receive it in one lump sum payment at the end of the last pay period the following November.

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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

TIME EXCHANGE

Each employee shall enjoy unlimited time exchange privileges subject to existing procedures.

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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 cl assification to fill in during his/her absence;

4. Maintain all required certifications and satisfy all department mandated training requirements.

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.

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 2023, the monthly Cit y contribution for employee + one dependent will increase by ei ghty dollars ($80). The monthly City contribution for employee + two or more dependents will increase by one hundred forty dollars ($140).

Effective the first paycheck in December 2024, the monthly Cit y 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.

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C. The City and Association will work coll aboratively, through t he 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 partici pate 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.

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 three (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.

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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 inco me 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 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 r equired employer contribution equal to two percent (2%) of pensionable income pursuant to the cost sharing provisions set forth in California Government c ode section 20516 so that the total amount of the employer contribution paid by the employee shall equal ten percent (10%) of pensionable income.

Effective the first pay period following July 1, 2024, repres ented employees in Retirement Tier 1 shall pay an additi onal portion of the required employer contribution equal to one perce nt (1%) of pensionable income pursuant to the cost sharing provisions set forth in Ca lifornia Government code section 20516 so that the total amount of the employer contribution paid by the employee shall equal eleven percent (11%) of pensionable income.

Effective the first pay period following July 1, 2025, repres ented employees in Retirement Tier 1 shall pay an additi onal portion of the required employer contribution equal to one perce nt (1%) of pensionable income pursuant to the cost sharing provisions set forth in Ca lifornia Government code section 20516 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 June 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 stat ed by the CalPERS rules or have worked for an agency whose retirement system has reciprocity with PERS, within six (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 cons ecutive years pursuant to Government Code Section 20037. Employees in Tier 2 pay the entire member contribution, which is nine percent (9%) of compensation.

Effective the first pay period follo wing July 1, 2023, or as soon as administratively possible thereafter, repr esented employees in Retirement Tier

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2 shall pay one percent (1%) of pensio nable income towards the required employer contribution purs uant to the cost sharing provisions set forth in California Government code section 20516.

Effective the first pay period, following July 1, 2024, repres ented employees in Retirement Tier 2 shall pay an additi onal portion of the required employer contribution equal to one perc ent (1%) of pensionable income pursuant to the cost sharing provisions set forth in California Government code section 20516 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, following July 1, 2025, repres ented employees in Retirement Tier 2 shall pay an additi onal portion of the required employer contribution equal to one perc ent (1%) of pensionable income pursuant to the cost sharing provisions set forth in California Government code section 20516 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 normal cost to CalPERS.

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 CalP ERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system;

 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.

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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 unlawfu lly placed as new members under PEPRA.

SECTION 15

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 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.

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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 one hundred dollars ($100). 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 Fire 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 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

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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 affect ed employees its deferred 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 seventy (70) sworn fire suppression personnel, excluding employees in the classification of Fire Battalion Chief and above. Of those 70, minimums shall apply to certain classifications as follows:

Fire Engineer 17
Fire Captain 17
Firefighter 36

The Training Division will be two (2) day assigned Training Captains and the Chief Arson Investigator will be a day assigned Fire Captain.

The 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 re tains the right to reduce

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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.

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.

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 ch ild 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 i ndividual or his beneficiary 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.

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SECTION 20

FMLA/ FRA

A. The City shall apply prov isions of the Family and M edical 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.

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

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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 compensat ion; however, hours scheduled to be worked but not worked because of a sh ift trade shall be counted as time worked for purposes of calculating e ligibility 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 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

19 12538534.1 RI085-067
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 represents 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 c onfer 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 equitabl e distribution about backfill, considering Meetings, Mutual Aid, Automatic Aid, Urban Search and Rescue activations and the backfill from these assignments.

SECTION 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 re quired Court appearances, employees shall receive a minimum of four (4) hours compensat ion 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 standby 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 hourly 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

20 12538534.1 RI085-067
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 misapplica tion 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 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 may 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 m eet 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

21 12538534.1 RI085-067
Conciliation Service; each party shall alternately 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
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

22 12538534.1 RI085-067
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
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.

23 12538534.1 RI085-067
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 advance 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 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.

SECTION 30

ABANDONMENT OF POSITION

The City's disciplinary policy shall be modi fied 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:

24 12538534.1 RI085-067

1. Personnel assigned as a Paramedic wi ll 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.

The Department agrees to continue providin g the same level of training and to meet and confer commencing 60 days afte r Council approval of this MOU by forming a labor-management work group (maximum of 3 Labor / 3 Management) with the Associat ion to increase the sta ffing for the training division in order to provide all paramedi c continuing education internally before the end of this MOU.

SECTION 32

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

25 12538534.1 RI085-067
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 J anuary 1, 2025, all members of the Fire Engineer classification will receive a one and one-half percent (1.5%) increase to their base salary.

F. Effective first pay period following October 1, 2024, maintain a minimum of 8% difference between 7th step Firefighter and 1st step Engineer base salary throughout the term of this contract.

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 recomm endations 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

26 12538534.1 RI085-067
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 body art afte r meeting and conferri ng 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 fo llowing sections of t he City of Riverside FRINGE BENEFITS AND SALARY RESOLUTION:

Vacation Accrual Section 6,
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

DUES DEDUCTION

A. Dues Deduction
Each pay period, the Association shall pr ovide the employer with an “authorized deduction report” which includes bargaining unit members who have authorized the deduction of Association dues and the deduction amounts.

27 12538534.1 RI085-067
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 ho ld the Employer, its officers and employees, harmless from any and all cl aims, demands, suits, or any other action arising from the provisions herein.

SECTION 39

PROVISIONS OF LAW

A. It is understood and agreed that the spec ific provisions contained in this Agreement shall prevail over all prior 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 remain in full force and effect during 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.

28 12538534.1 RI085-067
Upon ratification by the membership of t he Association and by the City Council this Memorandum of Understanding shall be effect ive through December 31, 2025, and for the duration of any agreed upon extension.

MANAGEMENT REPRESENTATIVES RIVERSIDE FIREFIGHTERS’

CITY OF RIVERSIDE ASSOCIATION