Riverside City Council
January 6, 2026

MEMORANDUM
OF

UNDERSTANDING

BETWEEN

THE CITY OF RIVERSIDE
AND

THE RIVERSIDE FIRE MANAGEMENT GROUP

January 1, 20236 - December 31, 20256

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 SPECIAL COMPENSATION ......................................................................... 4 SECTION 6 MEALS .......................................................................................................... 5 SECTION 7 VACATION .................................................................................................. 57 SECTION 8 HOLIDAYS .................................................................................................... 7 SECTION 9 TIME EXCHANGE ......................................................................................... 8 SECTION 10 HEALTH AND DENTAL INSURANCE ...................................................... 89 SECTION 11 HEALTH INSURANCE WAIVER STIPEND ................................................ 9 SECTION 12 LIFE INSURANCE ................................................................................... 910 SECTION 13 RETIREMENT SYSTEM/CONTRIBUTION ............................................... 10 SECTION 14 LONG-TERM DISABILITY ......................................................................... 12 SECTION 15 DEFERRED COMPENSATION ................................................................. 12 SECTION 16 SUPERVISION RATIO AND MINIMUM STAFFING ................................. 13 SECTION 17 SICK LEAVE ............................................................................................. 13 SECTION 18 FMLA and FRA .......................................................................................... 14 SECTION 19 HOURS AND OVERTIME ......................................................................... 14 SECTION 20 COMPENSATION TIME .......................................................................... 165 SECTION 21 FLEX TIME ................................................................................................ 16 SECTION 22 CALLBACK ................................................................................................ 16 SECTION 23 COURT TIME ............................................................................................ 16 SECTION 24 ON-CALL ................................................................................................. 176 SECTION 25 GRIEVANCE PROCEDURE.................................................................... 176 SECTION 26 DUTY STATION ASSIGNMENTS ......................................................... 2018 SECTION 27 BEREAVEMENT LEAVE ....................................................................... 2019 SECTION 28 TRAINING .............................................................................................. 2019 SECTION 29 ABANDONMENT OF POSITION .......................................................... 2019 SECTION 30 SALARY AND BENEFIT RELATIONSHIP WITH THE FIRE UNIT........ 2119 SECTION 31 ESTABLISHMENT OF RETIREE MEDICAL TRUST FUND ................... 220 SECTION 32 FIRE COMPLAINT POLICY .................................................................... 232 SECTION 33 REASONABLE SUSPISION DRUG TESTING POLICY ......................... 232 SECTION 34 UNIFORM MAINTENANCE ALLOWANCE ............................................. 232 SECTION 35 BODY ART .............................................................................................. 243 SECTION 36 TERMS AND CONDITIONSLABOR RELATIONS LEAVE TIME ............. 243 SECTION 37 PROVISIONS OF LAWTERMS AND CONDITIONS ................................ 253 SECTION 38 PROVISIONS OF LAW ............................................................................... 24

ATTACHMENT A COMPLAINT POLICY

ATTACHMENT B REASONABLE SUSPICION AND POST ACCIDENT POLICY ATTACHMENT C 96-HOUR RULE POLICY
ATTACHMENT D- 202 36 CITY CONTRIBUTION FOR MEDICAL PLANS 3 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING

BETWEEN

THE REPRESENTATIVES OF MANAGEMENT

FOR THE CITY OF RIVERSIDE

AND RIVERSIDE FIRE MANAGEMENT GROUP

PREAMBLE
Representatives of Management for the City of Riverside (hereafter "City") and representatives of the Riverside Fire Management Group (hereafter "Group") 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 employee- members represented by the Group.

The City management representatives and the representatives of the Group have 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 hereto will jointly urge said Council to adopt one or more resolutions wh ich will provide for the changes in wages, hours, fringe benefits and other terms and condit ions of employment contained in these joint recommendations.

THEREFORE, the representatives of City management and the Riverside Fire Management Group agree as follows:

The parties hereto shall jointly recommend to the City Council of the City of Riverside that one or more salary resolutions be adopted setting forth the following salaries, fringe benefits and other terms of employment fo r the employees represented by the Fire Management Group for the period beginning January 1, 202 36 and ending at the close of regular business hours December 31, 202 56. This Comprehensive Memorandum of Understanding (MOU supersedes the Comprehensive MOU between the parties covering the period between July January 1, 201623 and December 31, 20 2225).

SECTION 1

SALARIES

A. All represented RFMG City employees as of the date payment is made will receive a one-time non-PERSable stipend of $ 10,0002,500 to be paid with the first pay period after City Council approval

B. Effective the first pay period following July 1, 2023 of January 2, 2026, all members of the bargaining unit will receive a five four percent (54%) increase to their base salary.
4 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.

SECTION 2

LENGTH OF SERVICE REQUIREMENT FOR STEP PROGRESSION

The City shall provide a merit step increase 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 new hires and those promoted to classifications covered by the Group shall serve a probationary period of twelve (12) months.

SECTION4

RECLASSIFICATION POLICY

The City reclassification policy shall require a salary increase to the next higher step upon upward reclassification.

SECTION 5 – SPECIAL COMPENSATION

EDUCATIONAL INCENTIVE PAY

A. All employees certified for Emergency Medical Services (EMS) as an EMT by the Riverside County Health Department shall receive a two percent (2%) EMS bonus calculated as a percentage of base pay. As of October 1999, this stipend has been included in the base pay as the EMT certification is a requirement of all incumbents in the classification of Battalion Chief. This language remains for historical purposes.

B. Education Incentive Pay. Effective January 1, 2015, to comply with CalPERS special compensation language requirements, the Cit y will provide the following Educational Incentive Pay to employees who attain the educational certificates or degrees below to 5 enhance their ability to perform fire services duties. In order to be eligible a copy of the certificate/diploma must be provided and approved by the Supervisor to ensure the degree/certificate enhances their ability to perform their job. The City will provide one (1) educational incentive pay equal to five point thirty-four percent (5.34%) of base salary for each of the following certificates and/or degrees, not to exceed the maximum aggregate of sixteen percent (16%). The premium pay shall be paid on a bi-weekly basis and calculated as a percentage of the base salary.

1. State of California Fire Marshal/State Board of Fire Services. Fire Chief, Executive Chief Fire Officer, Chief Fire Officer, Chief Officer, Company Officer, Fire Marshal, Fire Prevention Officer, Fire Inspector 11, Instructor I and II Instructor Ill.

2. Center for Public Safety Excellence. Ch ief Fire Officer (CFO), Chief Training Officer (CTO), Fire Marshal (FM}, Fire Officer (FO), Public Information Officer (PIO).

3. National Fire Academy. Executive Fire Officer Certificate.

4. Accredited University or College.

a. Fire Science/Technology Certificate or equivalent Associate Degree. b. Bachelor's or Master's Degree in a job related area based on the same criteria used to determine eligibility for tuition reimbursement, provided that all individuals who posses a Bachelor's Degree at the time the certification program takes effect shall be entitled to the educational pay.

C. Educational incentive pay shall be reported to CalPERS as special compensation.

All educational certifications/degrees are evaluated by the fire training division to ensure compliance.

D. Certificates earned by the date of the signi ng of this contract shall be retroactive to July 28, 2006. Subsequent certifications earned shall begin with the pay period following the date of certification.

E. The City and the Fire Management Group agree that instruction, training, investigation, inspection and Fire Marshall duty time, as described in their job descriptions, can be reported to state certifying boards for certification requirements as validated by the Fire Chief.

F. In the event there are title changes for the certificate programs, the stipend provision shall continue to apply.

SECTION 6
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 those meals. Nor shall this provision apply during emergencies.
6 SECTION 7

VACATION
A. Group 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 Group member must:

1. Give at least twelve (12) hours advance notice;

2. Secure approval from their supervising 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 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 shift, sa id 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, Respiratory training, and any other training deemed appropriate by the Training Division.

C. The exercise of privileges under this section shall not apply to emergency situations or similar conditions where t he 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 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 lime 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 Group represent atives will periodically review the operations of section 7 to avoid abuses.
7 F. Annual vacation benefits for represented employees shall be 200.2 hours per year for members assigned to a day assignment. Annual vacation benefits for members with ten (10) or more years of service shall be 306.54 hours per year for members on twenty-four (24) hours shift assignment.

SECTION 8

HOLIDAYS
A . Holiday Pay for Battalion Chiefs (suppression and day/non-shift assignments)

All items outlined in this section are effective January 1, 2001 to be in compliance with CalPERS special compensation reporting requirements.

1. Annual Lump Sum Payment:

Battalion Chiefs assigned to Suppression will receive annual holiday benefits equal to 156 hours and Battalion Chiefs assigned to Day (Non-shift) will receive annual holiday benefits equal to 130 hours, compensated as a lump sum cash payment during the last pay period of November each year. Both Battalion Chief positions are regularly required to work on holidays.

2. Rate of Pay:

Holiday pay will be calculated based on the employee’s regular rate of pay, which includes the following components:
o Base pay
o Hourly equivalent of:
 Education incentive pay
 Certificate pay
These components are included as allowed under California Code of Regulations (CCR) Section 571.

3. Reporting Requirements:
o The total holiday pay amount will be reported as the special/pensionable compensation item (Holiday Pay) earned and reported in the pay period in which the holiday occurs.
o Employees will also code any hours worked on a holiday at their normal rate of pay.
o This holiday compensation is reportable to CalPERS as compensation earnable for Classic (Tier 1 and Tier 2) members only, in accordance with Government Code Section 20636 and CCR Section 571(a)(5) Holiday Pay.

4. Compliance Note for PEPRA Members:

Due to the flexibility of this policy, which allows employees to bank holiday hours or take the holiday off at a later date, holiday pay is not reportable for PEPRA members under Government Code Section 7522.34.

B. Authorized holidays are as follows:
8 January 1st - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President's Day
Cesar Chavez Holiday
Last Monday in May - Memorial Day
June 19th - 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

B. Holiday Compensation Options for Holidays Falling on Regular Days Off for Non-shift employees (Battalion Chief- Day)

When a holiday falls on an employee’ s regular day off, the employee may choose one of the following options:
 Option 1: Take the holiday off on another day within the same pay period.
 Option 2: Receive a cash payment equal to the value of the holiday.  Option 3: Bank the holiday, deferring receipt of compensation until the last pay period in November.

Compliance Note for PEPRA Members:

The ability to take the holiday off on another day within the same pay period (Option 1) makes this portion of the policy non-compliant for reporting purposes under Government Code Section 7522.34.

SECTION 9

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 the supervising Chief;

3. Procure a replacement in the same classification to fill in during his/her absence; and

4. 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 9 at the end of the month, 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 shift, 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, Respiratory training, and any other training deemed appropriate by the Training Division.

SECTION 10

HEALTH AND DENTAL INSURANCE

The City will pay the monthly premiums on behalf of each employee and eligible dependent(s) under the medical insurance programs available through the City. The City's 2023 contributions to t he available medical programs are listed in Attachment D.

Contribution amounts are subject to change annually based on actual medical plan premium changes.

Any increases in health insurance premiums each plan year will be divided equally between the City and employees. This prov ision shall not apply lo individuals with employee only coverage until the premium exceeds the amount of the City's monthly contribution.

Effective the first paycheck in December 2023, the monthly City contribution for employee + one dependent will increase by eighty dollars ($80). The monthly City contribution for employee + family will increase by one hundred and forty dollars ($140).

Effective the first paycheck 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).

The City shall contribute thirty-five dollars ($35) per month toward the payment of premiums, on behalf of each Group employee participation, in the City's dental plan.

The City and Association will work collaboratively, through the Citywide Health Benefits Committee comprised of representatives 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 11

HEALTH INSURANCE WAIVER STIPEND

A. Employees who do not elect to participate 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 stipend of no less than $2,000 the last payroll period in November.

10 8. Employees must be employed through t he 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 in deferred compensation through payroll, not to exceed annual IRS deferred compensation limits.

SECTION 12

LIFE INSURANCE

The City shall provide term life insurance in the amount of twice each employee's salary plus $1,000 adjusted every January 1.

SECTION 13

RETIREMENT SYSTEMI CONTRIBUTION

The City offers a defined retirement benefit plan through the California Public Employees' Retirement System (CalPERS) and there are three (3) tiers depending on date of hire which define the various retirement levels for the member's retirement formula, final compensation calculation and 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 Employer Paid Member Contribution (EPMC).

Those employer paid member contributions shall be credited to the employee's account with PERS. In addition, those employer paid member contributions shall be reported to PERS as pensionable income in accordance with California Government Code Section 20636(c)(4). In no event shall the EPMC exceed nine (9%) of pensionable income for public safety members of CalPERS.

As soon as administratively possible after the approval of the MOU, represented employees in Retirement Tier 1 (CalPERS Classic Tier 1 & 2) shall pay an additional portion of the required employer contribution equal to two percent (2%) of pensionable income pursuant of 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 ten percent (10%) of pensionable income.

Effective the first pay period, following July 1, 2024, represented employees in Retirement Tier 1(CalPERS Classic Tier 1 & 2) shall pay an additional portion of the required employer contribution equal to one percent (1%) of pensionable income pursuant of the cost sharing provisions set forth in California Government 11 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, represented employees in Retirement Tier 1 (CalPERS Classic Tier 1 & 2) shall pay an additional portion of the required employer contribution equal to one percent (1%) of pensionable income pursuant of 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 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 stated by the CalPERS rules or have worked for an agency whose retirement system has re ciprocity with PERS, within six (6) months of a break in service.

The retirement formula for bargaining unit members in this tier is 3% at 55 years of age pursuant to Government Code Section 21363.1. Final compensation is calculated as the average of the three (3) highest consecutive years pursuant to Government Code Section 20037. Employees in Tier 2 pay the entire member contribution, which is nine percent (9%) of compensation.

As soon as administratively possible after the approval of the MOU, represented employees in Retirement Tier 2 (CalPERS Classic Tier 3) shall pay one percent (1%) of pensionable income towards the required employer contribution pursuant to the cost sharing provisions set forth in California Government code section 20516.

Effective the first pay period, following July 1, 2024, represented employees in Retirement Tier 2 (CalPERS Classic Tier 3) shall pay an additional portion of the required employer contribution equal to one percent (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, represented employees in Retirement Tier 2 (CalPERS Classic Tier 3) shall pay an additional portion of the required employer contribution equal to one percent (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 monthspursuant to Government Code Section 7522.32(a). Employees in Tier 3 pay fifty percent (50%) of the normal cost to CalPERS which is currently 12.25% of compensation.

Final tier determination and reciprocity eligibility is made by PERS according to the membership eligibility requirements in the CalPERS Law. 12 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 CalPERS 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 CalPERS 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 CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six (6) months.

Note: CalPERS refers to all members that do not fit within the definition of a new member as "classic members."

The City shall provide the one half widow's continuance option to all employees in the Group.

The RFMG does not waive the claim that employees hired between January 1, 2013 and June 30, 2014 were unlawfully placed as new members under PEPRA.

SECTION 14

LONG-TERM DISABILITY

The City shall contribute ten dollars ($10.00) per month per Group member towards a long-term disability program maintained by the Riverside City Firefighter's Association. If not elected to be used for this purpose, the contribution for long-term disability insurance for the Group member will be added to the city provided deferred compensation contribution as set forth in Section 14 below.

SECTION 15

DEFERRED COMPENSATION

A The City shall make available to Group members its 457 and 401 a deferred compensation programs. The plans are subject to rules and limits established by plan administrators or the Internal Revenue Service.

B. Effective the pay period of January 2, 2026, Tt he City shall contribute twothree- hundred and fifty dollars ($3250) per month to Group members' 457 or 401a deferred compensation plans provided the employee contributes fifty dollars ($50) per month to the 457 plan.

13 SECTION 16

SUPERVISION RATIO AND MINIMUM STAFFING

The City and Group members agree to a manager to subordinate ratio not to exceed ten to one (10:1). This supervision ratio provision may be waived if a full time safety aide/assistant is assigned to the Group member. For consecutive periods of eleven (11) hours or less, the Fire Department may operate at levels other than those prescribed supervision ratios because of temporary absences. The minimum number of Chief Officers will be eleven (11).

SECTION 17

SICK LEAVE
A. SICK LEAVE

Group members working fifty-six (56) hours per work week shall earn sick leave credit at the rate of twelve (12) hours per month of employment. All other employees in the Group shall accumulate eight hours of sick leave credit for each full month of employment or major portion thereof. Such sick leave credit may be accumulated 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 domestic 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 (1 ½) shifts. For illnes ses that qualify under FMLA, the procedures set forth in Section 17 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 individual or his beneficiary in accordance with the following formula:

1. More than five (5) years but less than ten (10) years of continuous service will be paid twenty-five (25%) of unused accumulated sick leave.

2. More than ten (10) years of continuous service will be paid fifty percent (50%) of unused accumulated sick leave.

3. Upon completing twenty-five (25) year s with the City Fire Department, Group members are entitled to fifty percent (50%) sick leave payoff upon any honorable separation from the department. Honorable separation includes retirement from a non-work related injury, work related injury, voluntary early retirement or resignation providing conditions were honorable as previously indicated and not in lieu of termination.

14 SECTION 18
FMLA and FRA

A. The City shall apply provisions 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 Group members.

B. To be eligible for this benefit, the Group 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 Group 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.

SECTION 19

HOURS AND OVERTIME
A. The workweek of affected employees [excepting forty-hour (40) per week employees] shall be adjusted to fifty-six (56) hours per workweek, to be implemented in increments of twenty-four (24) hour shifts.

B. For all employees represented by the Group who are assigned to fire suppression duties and work shifts of twenty-four (24) hours duration (fire suppression employees), overtime shall be defined as all time worked in excess of the regularly scheduled work shift or in excess of 182 hours in a twenty-four (24) day work period commencing April 4, 1986. For all other employees the work period shall be seven (7) 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 this 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 (6) 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 Employees' 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 shall be paid at one and one-half (1 ½) 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 actually worked all paid leave time 15 including, but not limited to, holiday , 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 time 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. II is the present intent of the Cit y 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 limit, abridge, restrict or modify the City's rights including, but not limited to, its pre-existing obligation to minimize overtime compensation.

C. Under the Fair Labor Standards Act (FLSA), the Battalion Chief position assigned to day shift (Battalion Chief D) is to be considered exempt. Employees in the classification of Battalion Chief (D) (Day shift) shall be entitled to overtime compensation at the rate of one and a half (1 ½) times their hourly rate, outside their 40- hour workweek, for emergency call back, backfill for Suppression, City events, local, State or Federal incidents/deployments.

D. The priority for constant staffing fire suppression vacancies will be given to those Battalion Chiefs assigned to suppression.

E. Long term vacancies of ninety (90) consecutive days or more in the position of Battalion Chief may be filled, at the discretion of the Fire Chief, with a temporary appointment in an acting capacity of a qualified person from the current Battalion Chiefs' promotional list.

F. Except as provided above, no Group member shall be permitted to work more than ninety-six (96) consecutive hours. Any such employee who works ninety-six (96) consecutive hours may not commence a new assignment until he/she has been off work for a minimum of twenty-four (24) hours. Exceptions to these requirements may be granted at the discretion of the Fire Chief or his designee. (Refer to the department's new policy).

SECTION 20

COMPENSATION TIME

Members may choose compensatory time off (CTO) in lieu of cash payment for overtime hours worked. Members are limited to a maximum accrual of one-hundred (100) hours.

Members shall also have the option to receive premium overtime compensation for all overtime worked in the form of Compensatory Time Off Personal (CTOP), subject to a maximum accrual limit of one-hundred (100) hours. CTOP is allowable from two (2) to six (6) hours without creating the need for the Fire Department to replace the absent employee. In addition, the CTOP may be approved for up to ten (10) hours to pursue 16 Fire Department sanctioned educational courses without creating the need for the Fire Department to replace the absent employee. Implementation procedures shall be developed by the Fire Chief in consultation with the Group.

SECTION 21

FLEXTIME

Group members assigned to "Day Shift" are eligible for a flex work schedule, subject to Fire Chief and City Manager approval, consisting of a four-ten (4/10), nine-eighty (9/80) or substantially equivalent two-week work period.

SECTION 22

CALLBACK

Any Fire Battalion Chief (S) who has been "called back" to duty to perform services for the City shall receive minimum overtime compensation of two (2) hours pay at the rate of time and a half (1 ½).

SECTION 23

COURT TIME

Employees will be compensated at the rate of one and one-half (1 ½) times their regular hourly rate for actual time spent outside their duty shift 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 compensation at their regular hourly rate of pay, including automatic earnings.

SECTION 24

ON-CALL

The Fire Management Group and the City agree that effective first pay period following August 1, 2023, the On-Call additional four percent (4%) will be added to the base salary range of the Fire Battalion Chief (D) (Day Shift) and removed as "additional pay," while also updating the job description to include On-Call as part of regularly assigned duties.

SECTION 25

GRIEVANCE PROCEDURE
A. PUPOSE: To provide regular public safety employees with an orderly procedure for processing a grievance. The current M .O.U. for the bargaining unit should be referenced as to specific language.

B. DEFINITION: A grievance is an allegat ion by an employee that the employee has been adversely affected by a violation, misinterpretation, or misapplication of the specific written provisions of a Memorandum of Understanding, the City's salary and fringe benefit resoluti ons, 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 17 dealing with personnel, salary, or other benefits, any alleged improper treatment of an employee, or any all eged violation of commonly accepted safety practices and procedures.

1. Representation - An employee may be represented at all stages of the grievance procedure by himself/ herself or, at his/her option, by a representative.

In this grievance procedure, any reference to grievant means grievant, his/her representative, and/or a bargaining unit.

2. Time Limits - The lime 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 meet 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 the hearing officer/arbitrator shall be borne equally by the City and the 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 alternately strike names until there is one remaining. If the Association is neither the grievant or the grievant's representative, the cost of the hearing officer/arbitrator shall be borne equally by the City and the grievant.

D. PROCEDURE:

Responsibility Action
Department, Grievant 1. Informal 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 within the next ten
(10) working days.

Department Head 3. Meets with the grievant within five ten (510) working days of receipt of the written
18 grievance and communicates a decision to
the grievant within five ten (510) 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
Cit
y Manager for review.

Hearing Officer 5. Hears case and makes recommendation
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 disciplinary 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 pursuant to Code of Civil
Procedure Section 1285 et seq.

SECTION 26

DUTY STATION ASSIGNMENTS

All employees in the classification of Fire Battalion Chief (D) (Day shift) shall serve in that capacity at the discretion of the Fire Chief. Those employees serving at the discretion of the Fire Chief may be assigned by the Fire Chief to serve in the classification of Fire Battalion Chief (S) (Suppression) without t he necessity of establishing good cause and without any right to appeal.
19 SECTION 27

BEREAVEMENT LEAVE

In addition to bereavement leave specified in the Human Resources Policy and Procedure Manual, one (1) day of paid bereavement leave shall be allowed for purposes of attending the funeral in the event of the death of an uncle or aunt.

SECTION 28

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 29

ABANDONMENT OF POSITION

The City's disciplinary policy shall be modified to provide that absence without authorized leave for two consecutive working shifts creates a rebuttable presumption that the employee has voluntarily abandoned his/her position. This presumption may be rebutted by the presentation to the Fire Chief of a satisfactory explanation for the absence. Absent an explanation that satisfies the Fire Chief, the abandonment may be grounds for disciplinary action, subject to the established right of employees to appeal any such discipline.

SECTION 30

SALARY AND BENEFIT RELATIONSHIP WITH THE FIRE UNIT

The following language is carried forward from the 1989 Memorandum of Understanding between the parties: "The City and Fire Management Unit agree that in subsequent years, salary and fringe benefit increases for Fire Battalion Chiefs will be at least equal to those received by the Fire Unit, if any. If classifications which are represented by the Fire Unit should, through the meet and confer process, receive a reduction of salary and/or fringe benefits, it will be presumed that a corresponding reduction also applies to the classifications which are represented by the Fire Management Group. However, the City agrees that prior to implementing such reduction in salary and/or fringe benefits, it will meet with representatives of the Fire Management Group to discuss such reductions. It is understood and agreed that if, following discussions between the City and Fire Management, it is agreed not to implement such salary and/or benefit reductions, that a subsequent restoration of such salary or benefits to the classifications which are represented by the Fire Unit will not trigger a corresponding increase in salary and benefits for the classifications which are represented by the Fire Management Unit."

Salary matching increases from the Memorandum of Understanding between The City of Riverside and The Riverside Firefighters' Asso ciation, Inc. January 1, 2023 - December 31, 2025:

20 A. Effective the first pay period following July 1, 2023, the existing differential between top step Captain (S) to bottom step Fire Battalion Chief (S) and top step Captain (D) to bottom step Fire Battalion Chief (D) will continue for the term of this contract.

B. Effective the first pay period following July 1, 2023, all members of the bargaining unit will receive a three and one-half percent (3.5%) increase to their base salary.

C. Effective the first pay period following January 1, 2024, all members of the bargaining unit will receive a one and one-half percent (1.5%) increase to their base salary.

D. Effective the first pay period following Ju ly 1, 2024, all members of the bargaining unit will receive a three and one-half percent (3.5%) increase to their base salary.

E. Effective the first pay period following January 1, 2025, all members of the bargaining unit will receive a one and one-half percent (1.5%) increase to their base salary.

SECTION 31

ESTABLISHMENT OF RETIREE MEDICAL TRUST FUND

A. The City shall make a defined contribution each month toward the retiree medical trust fund established by the Riverside City Firefighter's Association an amount equal to 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 "third party administrator'' selected by the Southern California Firefighters Benefit Trust International Association of Firefighters Medical Expense Reimbursement Plan Board of Trustees." C. The Trust shall provide post-retirement 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 provide 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 service retirement, medical retirement, or death of an employee in this Group of representation, the City shall make pre-tax (to the extent permitted by the Internal Revenue Service) defined contributions to the
International Association of
Firefighters Medical Expense Reimbursement Plan Southern California Firefighters Benefit Trust (or such other Trust as the RFMG may designate from time to time) in the amount equal to seventy-five percent (75%) of the value of the sick leave payout entitled the employee pursuant to Section 16C of this Memorandum of Understanding (MOU) based upon the employee's rate of pay immediately preceding retirement. The remaining twenty-five percent (25%) of the sick leave 21 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.

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 International
Association of Firefighters Medical Expense Reimbursement Plan 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 International Association of Firefighters Medical Expense Reimbursement Plan 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 offrom each the employees of the Riverside City Firefighters Association, a n employee defined contribution each month in the amount equal to one hundred and fifty dollars ($1050). 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."

G. The City's obligation to provide pre-tax depo sits would remain subject to Internal Revenue Service rule 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 provid ing comparable benefits. If the parties are unable to reach an agreement, the retire e shall receive the entire sick leave payout in cash pursuant to the provisions of Section 16C of the MOU.

H. The Riverside Fire Management Group agrees, to the fullest extent permitted by applicable law, to indemnify and hold har mless the City and each of its agents, officers, and employees against all costs, expenses, liability, and damages resulting from any misrepresentation, neg ligent action or inaction, or breach of, the Trust, or any rules, policies, or pr ocedures 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 contributions only. 22 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 prov ision shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in the MOU.

SECTION 32

FIRE COMPLAINT POLICY

The Fire Complaint Policy is SOP #1.12 and is found in its entirety in Attachment A.

SECTION 33

REASONABLE SUSPICION DRUG TESTING POLICY

The Reasonable Suspicion and Post-Accident Drug and Alcohol Testing Policy for Group members is SOP# 1.13 and is found in its entirety as Attachment B.

SECTION 34

UNIFORM MAINTENANCE ALLOWANCE

Group members shall receive the per month Uniform Maintenance Allowance listed below.

The uniform maintenance allowance shall not be intended to be used for any fire resistive clothing or safety equipment. The monthly allowance shall be increased by the percentage of any future salary increases afforded to the Group as follows:

a. Effective March 15, 2013 – Members shall receive $86.56 per month Uniform Maintenance Allowance.
b. Effective December 29, 2017 – Members shall receive $95.54 per month Uniform Maintenance Allowance.
c. First pay period following January 1, 2019 – Members shall receive $101.52 per month Uniform Maintenance Allowance.
d. First pay period following January 1, 2020 – Members shall receive $106.68 per month Uniform Maintenance Allowance.
e. First pay period following January 1, 2021 – Members shall receive $108.80 per month Uniform Maintenance Allowance.
f. First pay period following July 1, 2023 - Members shall receive $120.55 per month Uniform Maintenance Allowance.
g. First pay period following January 1, 2024 - Members shall receive $122.36 per month Uniform Maintenance Allowance.
h. First pay period following July 1, 2024 - Members shall receive $130.44 per month Uniform Maintenance Allowance.
i. First pay period following January 1, 2025- Members shall receive $132.40 per month Uniform Maintenance Allowance.
j. First pay period following July 1, 2025- Members shall receive $136.37 per month Uniform Maintenance Allowance.
j.k. Effective pay period beginning January 2, 2026 – Members shall receive $141.82 per month Uniform Maintenance Allowance.

23 SECTION 35

BODY ART

During the term of this Agreement, tThe Fire Department’s Standard Operating Procedure

1.06 shall prepare a Policy addressesing tattoos and other body art as agreed after meeting and conferring in good faith with authori zed representatives of the Association.

The Policy shall identi iesfy which tattoos and body art must be covered while the employee is on duty and the manner in which any covering shall occur, taking into account heat stress and other safety factors.

SECTION 36

LABOR RELATIONS LEAVE TIME

Up to 144 hours per year will be available collectively for the designated Association members during this agreement to attend California Professional Firefighters, the International Association of Firefighters and the International Association of Fire Chiefs functions.

Leave time must be requested in advance and the requesting employee must arrange for a replacement on a rank-for-rank basis.

SECTION 37

TERMS AND CONDITIONS

The following wages, hours and other terms and conditions of employment of Fire Group Members are described and set forth in the following sections of the City of Riverside FRINGE BENEFITS AND SALARY RESOLUTION:

Vacation Accrual

Bereavement Leave
Industrial Accident Leave
Leave of Absence
Military Leave of Absence
Witness Appearance Compensation (Civilian)
Jury Duty Compensation
Automobile Allowance and
Reimbursement for Expenses
Retirement Benefits
Section 7,
subsections a, d, f and h
Section 9
Section 10
Section 11
Section 13
Section 14
Section 15

Section 16
Table 12
24 The contents of those provisions of t he City of Riverside FRINGE BENEFITS AND SALARY RESOLUTION as they existed on August 25, 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

PROVISIONS OF LAW

A. It is understood and agreed that the specific provisions contained in this Agreement shall prevail over all prior written agreements and all contrary practices and procedures. Any amendments 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 pertaining to employer-employee relations including, but not Umited to salaries, wages, benefits, hours and other terms and conditions of employment.

Therefore, ii is agreed that all such ordinances, resolutions and policies, including the Employer-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 that northing in this MOU shall in any manner abridge, restrict or modify the rights and prerogatives of the City and its employees as set forth in Article I, Sections 4 and 5, and Article Ill Section 1 B of Reso lution No. 15079, or its successor, if any.

C. The City and the Group agree that for the term of this Agreement, each party waives its rights and each party agrees 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 conferring over the renewal or continuation of this MOU at its expiration date in accordance with said Employer-Employee Relations Resolution.

D. It is understood and agreed that this MOU is subject to all present and future applicable federal or state laws or regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations.

If any part of this Memorandum of Understanding is in conflict with such applicable provisions of federal or state laws, or otherwise held invalid or unenforceable 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 the Group and by the City Council this Memorandum of Understanding shall be effective through December 31, 2025, and for the duration of any agreed upon extension
25 MANAGEMENT REPRESENTATIVES RIVERSIDE FIRE MANAGEMENT

C I T Y O F R I V E R S I D E G R O U P

By ____________________________ By ____________________________

By ____________________________ By ____________________________

By ____________________________ By ____________________________

By ____________________________ By ____________________________

By ____________________________ By ____________________________

By ____________________________ By ____________________________

DATED ________________________ DATED ________________________

ATTACHMENT A

PRocrwuru:

A 1 I'ACHMI:NT A
COI\lPLAI!':T POLlC\'
SOP 1 12
I. 'I he Department recognizes the firefighters' Procedural Bill of Rtghts ond will provide rights and protections ilfforded to employees by this legislation A. DbFINr! IONS
I. Complaint• Any allegation of poor service or misconduct made by a citizen or employee against a member(s) of the Department is a complaint. o Complamts of misconduct: Must allege a violation of law, Riverside Fire Department Policy, Procedure or Order or City Policy or Procedure. o Complaints lodged by citizens will be classified as citizen complaints. • Complaints lodged by employee'\/supervisor!> will be classified as internal complaints 2 Exnmples of complaints contemplated by this policy include, but are not limited to, the following:

Sexual Harassment/Discrimination
Criminal Conduct
Racial/ethnic slurs
Poor service
Discourtesy
Improper Procedure
Conduct Unbecoming (CUAO)

3. Each allegation in a complaint shall have one of the following FINDfNGS Unfounded: The alleged act did not occur
Exonerated: The alleged act occurred but was justified, legal and proper.

Not Sustained: The investigation produced insufficient information to prove or disprove the allegation
Suslaioed: The Department member committed all or part of the alleged acts of misconduct or poor service.

Misconduct Noted: The Department member violated a section of the Department Policies, Rules or Procedures not originally alleged in the complain:

Col) or Ro~modc l ore Ccp3r1m~nl St:1tld;:rd Upcrat•n& Procedure Management & Administration
Title. Complaint Pollc} SOP: 1.12 Effectl\'c: 12/00
Revised· 08/10
4 Inquiry: If, during the irwcstignt1on, it IS dclennined that a ci:izen is merely requesting c!arificnt1on of a policy or procedure, thC\1 complain!, with the concurrence of the Operations Deputy Chtef, rna) be considered an Inquiry. The Operations Deputy Chief, or his designee, shall be responsible for inquiry responses
U. COMPLAfNT RECEPTION AND ROUT lNG
Non-supervisory employees shall immediately refer complaints to an on-duty supervisor (i.e., Fire Captain, Battalion Chief) Supervisors shall accept complaints in writing, in person, or by telephone or from anonymous persons. lhe purpose for this is to encourage citizens or employees to bring forward legitimate grievances regarding poor service or misconduct hy Department members Cttizens and members of the Department will not be d1c;couragcd in any manner from making a complaint.

7. Supervisors shall immedtately record complaints on a Complaint Control Forr.t.

Supervisors may resolve minor complaints with appropriate corrective action including non-disciplinary counseling and training. Supervisors shall report all complaints to the on-duty Rattalion Chief as soon as possible. The Ballalion Chief shall direct the supervisor to fill out a Complaint Control Form

3. The supen.isor accepting a complaint in person shall give a copy of the Complaint Control Fom1 to the complainant. 1 he original shall be forwarded to the Operations Deputy Chief \ ia the Rattalion Chief on duty. In the case of a complaint of serious misconduct of a criminal nature, the Operations Deputy Chief or the Ftre Ch1ef shall be notilied immediately by the on-duty Balla! ion Chief

4. Upon receipt of the Complaint Control Form, the Operations Deput} Chtef will notify the: complainant in writing that the complaint has been received and that an invcstignlion has been initiated (or other appropriate corrective action has been taken). A copy of the Complaint Control ronn will also be mailed to the complainant if it has not a heady been provided to him or her by the accepting supervisor.
5 The Operations Deputy Chief will be responsible for assignment of the complaint for investigation. The Operations Deputy Chief shall retain the original Complaint Control Form for tracking purposes. A copy of the Complaint Control Form \viii be forwarded to the investigator assigned to investigate the complaint A copy of the Complaint Control Form shall be given :o the Department member(s) against whom the complaint was lodged This should be done within a reasonable and appropriate time, as determined by the Operations Deputy Chief. The Complaint Control Form shall be furnished to the subject employee prior to interview by the investigatoc(s).

C11) of Ravmad~ fuc Dc;:t:lr1'11<nl Sl.,d:ud Op<:,-,ung Proccdun:
t\lanngemcnt & Admumtr<~lton
Tille Complnint Poltc} SOP I 12
Hfecuve 12/00
Revised 08 I
6 The anve,ltgaiOr(s) lllrt) be clros n fi r th Arsor lm esugatron Unit due to th"ir • p r.tahzed training tn ir vesugaiJ ns Inc mplmnts against arson 111\'C!itigators, the lr e Cltef shal asstgn the mvcstrgat r
7 The Operations Deput) Chtcf shall be responsible for notifying the complainant iu wnting by registered mail within thirty (30) day~ of the disposition of the complaint Additionally, the Operation!> Deputy Chief or assigned investigator will notify, in writing, the Department member(s) against whom the complaint was lodged and the member's !;Upervising officer of the dispositron of the complarnt 1 he letter sent to the complninant will only include the following information· • Frndrng(s) of the investigation A definition of the finding wi II be provided
o Definitions are listed in section A3 above.
• Name of the investigator who investigated the complaint.

If an allegation resulted tn a finding of Sustained", the letter will state that '·appropriate corrective/disciplinary actio'l will be taken against the involved Departmen: member". The name of the involved Department member(s) and the specific action to be taken will not be included in the leucr.

C. COMPLAfNT INVESTJGA110N
The supervisor accepting the complaint shall be responsible for accurately and fully completing the Complaint Control l'orm. The supervisor shall obtain preliminary statements from the complainant and any immediately available witnesses Additionally, the supervisor shall collect and preserve an:r physical evidence that is read1ly available or may be time or weather sensitive
2 In the case of complaints of a minor nature (non drscipltnary), the Battalion Chref shall have the discretion of assrgning a complarnt to the Captain level for investigation or appropria:e correcttve action (i.e., training, non-disciplinary counselrng. etc )
J Allegations that a Department member vtolated a criminal law (felony or misdemeanor) shall be investigated by the Riverside Police Department or the appropriate outside law enforcement agency The internal administrative investigation will be conducted concurrent with or after the completiOn of the criminal investigation, at the dtscretion of the Fire Chtef or htslher destgnee .

Supervisors becoming aware of a criminal investigatton tnvolving a Department member who may be suspected of commining a misdemeanor or felony crime shall Col) o( Ro~ciJ•dt fooc Dcpmmcnt Stllld~rd Op<r~llng Prcccd~rc Manage-ment & Administration
l ule Complaint PoliC}
[ffecth e. I 2100 SOP: 1.12
He vised 08/10
irnmedrnte[y complete a Complatnt Control Form <~n.l route it to rhe Operations Deputy Chief through the on~ duty Balla! ion ( 'hicf
t1 RIG I ITS Of SuBJECl 01· IN\'ES I'JGA J ION.

If it is determined in the course of an invcstiga!lon that an employee could be subject to punitive actron, prior to obtaining a stalerncnt from the employ~e. the t'mployee will be mfonncd of the nature of the invc!>ttgation and given nn ''Admonition Form" expl,lining his/her rights ns an investigation subject. The Arson Investigator Admonition Form is nl!nchcd to this Policy as Appendix A. 1 he Fire Unittrrre Management Admonition of Rights form is attached to liltS Policy as Appendix fl. Also al!achcd is a progressive discipline overview as Appendix C IJ. COMPI.AIN1 JNVI s·I IGA rJON REV!f-W AND APPROVAL
Completed complaint investigations will be roured through the chain of command 10 the Operations Deputy Chief, who ~hall review the completed investigation and provide a written statement of concurrence or disagreement with the conclusions and findings of the investigator.

2. Verbal or \Hitten drsclosure of any infomullion concerning the conclusions and findings of a complaint investigation to the involved Department member shall be made by the Fire Chief or the Operations Deputy Chief. Assigned investigators shall only discus:. with or drsclose to the F1re Chief or the Operations Deputy Chief their preliminary conclusions or findings

3. Once the completed investigation is approved b} the Operations Deputy Chief, he or she, or his o: her designee, shall review the investigation with the involved Department member(s). The Department member will read and sign a copy of the investigation. Department members will be provided with a copy of the investigation if it is used as a basis for disciplinary action E. COMPLAINT INVESTIGATION FILES
I. The Operations Deputy Chtef will be responsible for maintaining a comprehensive file of all complaints and rnvestigations.

2. For Departmental purposes, complaint files will be stored under the following categories:
a Complaints Directed at lndtvidual Conduct
Citizens' complaints including allegations of use of racial/ethnic slurs. serious discourtesy. excessive force, or false arrest.
b Complaints Duected at Group Conduct
Citizens' complaints alleging poor service or procedural violations by a group of employees
c Internal Complaints
Col) or k"'"'dc r"' D<!'Olltl!ltnt Stmdatd Opcr~: ng Procedure ~lanagement & /\dmrnr~tnllron
I 111~ ( ompl.llntl'o!ic)
Eirccti\(:. 12/00 SOP 1.12
Hcvrsed OR/I 0
Employee/suren 1sor cornphunts of m1sconducr
1 Complaim Iiles related to the conduct of arson investigators shall be mamtaincd for n penod of five years A fle1 five years the} will be destroyed AI! other complamt files will be maintmned for a period of two years After tv.o ycms they will be clcqroyed. l'rles lllil) be retained longer if :he subject mntter of the lilr is the subject (lf pending litigatron
4 ComplRint files will n(lt be !.IOrt'd in tln.• enrployce'.s personnel files Only drsciplinary documents which result in sustarned findrngs of misconduct shall be stored in the cmploycc·s persormcl fik
r. RFl!lJ I J ALTO INVES"J IGA riON
If a Department member who is the subject of an investigation drsagrees with the content llr findings of the Investigation, he/she rna}' submit a \\1itten rcbuual within thirty (30) day:. lhe Operations Deputy Chief shall review the rebuttal and, if appropriate, order the naticr to be reopened for addrtional investigation J he rebultal will be filed with the [Oiflp!etcd investigation
G Pll CHESS MOrJO~S
~hrs secl!on only apphcs to complaints involvrng arson wvesllgators A Pitches!. Motion rs a motion for drscovery of peace ofticer personnel records where the defense counsel is attempting to cstablrsh a custom, habit or practice of cxce~stvc force, untruthfulness or false arrest againSl a peace officer. 2 If a Pitchcss Motion is received b) tlu: Depanmcnt,the Crty Attorney's Offrce will be contacted immediately for advice and response
DEFINITIONS:

None
rv1anagerncnt & AdmJn!Sirnlicm
Tille Ccmpl:t'lli Polin'
EifertiH I' 00 SOl' I 1?.

Rcv1scd: Oo · 0
APPI~NDIX "A"
RIVERSIIJE FIRE lJF..PARTMt:NT
PEACE OFFICER ADMONI I!ON OF RIGH rs (FOR ARSON INVES I'IGATORS ONLY) An im cstigatton i~ i.n:111g conducted un
D<ttc:
l1me:

Locatior.:
!'resent
l '1 reference 10
Wtterean rite ndturc of the t'l\t'Sltgal on focusc:s on Ctt) or Rtverstdc Fuc Ocpanmcnt St.andlltd Op~ruung Procedure Managcrncnt & Administration
T1tle: Complaint Policy SOP· 1.12
Effective. 12/00
Revised 08'1 0
As a peace officer unricr SectiOn 830.37 of the Penal Code and a fi1cfighter undc1 Section 3251 of the Government Code, }OU have the following rights.

You have the right to l1ave any interrogatiOn conducted at a reasonable hour, with a rei resenlrt ve ol'you; own choosing present. Preferably, the interrogation willtnkc place at a time when you arc on duty, or during your nor mal wa~:ing hours, unless the seriousness of the iMestiga'lor requires olhen'.'ise.

2. You have the light to be compenc;ilted for time spent 10 mtenogations that are conducted in )'Our offdut) time at the normal1ate forthc Department You shall not be relensed from employment for any work you missed.

3. You h<~ve the right to be informed ofthe name, rank and command of the officer in charge of an interrogation, the interrogating officer(!>), and all persons to he present during the interrogation, in advance of the interrogation

4. You have the right to have all qw.:stions directrd to you through no rnore than two interrogators at one time.

5. You have the right to l.avc the interrogation session limited to a reasonable period, taktng into consideration the gravity and comp:exity of the 1ssue being Investigated (, You have the right, during interrogations, to br ullowcd to allend to your own personal physical necessities.

7. You hnvc the right not to be subjected to offensive language or threatened with punitive action.

An employee refusing to respond to questions or submit to tnterrogation shall be informed that failure to answer qucstiom directly related to the investigation or interrogation rnay result in punitive action No promises of reHard shall be made as an inducement to answering any questions
No statement wh1ch you make during interrogation under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. Th1s protection is subject to the following qualifications:
a This protection shall not limli the use of statements you make when the Riverside Fire Deportment is seeking c1vil sanctions against any public safety officer, including d1sciplinary action brought under Government Code Section 19572 . b. This proteclton shall not prevent the admissibilit} of statements made by you under interrogation in any civil action, tncluding administrative actions, which you or your cxclu'iivc representative initiate arising out of a disciphnal) action Apprndl\ A
Management & Administratio'l
Tttle: Complaint Polley SOP I I/
Effective. 12/00
Rt•vised 0811 0
c. This piOtectton shall not prevent statements made by you under interrogation from being used to tmpeach yout testimon} after an in camera review to detennine whcthrr the statements serve to impeach your testimony
d Tins protection shall not otherwise prevent the admissihtlit) of statements }Ott make under interrogation after your death

8. You havt the right not lobe subjected to visits by the press nr ne\\S medta \\ithout your express consent nor shall your home address or photograph be given to the press or news media by the Departmen: without your express cnnscnt

9. You shall have access to ony tape rccording(s) of any of your interrogations und you shall have the right to use your own tape recorder.

10. You have the right to a transcribed copy of any notes made by a stenographer, or to any reports or complaints made by irnesltgators or other persons, excep:those which are deemed by the tnvestigattng agency to be confidential No notes nr reports, which are deemed to be conf•denti11l, may be entered i:1 your personnel file.

11. You have the right to be informed of your constitutional rights if it is decm:d that you may he charged with a criminal offense before the interrogatiOn starts.

12. You ha\e the right to have a representative present if fonnal charges have been made or if punitive action may be taken ns a resull of the interrogation.

13. You have the right not to be temporarily reassigned, to a location or duty assignment if a member of d'e Department would not normally be sent to that location or would not normally he given that duty assignment under similar circumstances

14. You shall not be subjected to punitive action, or denied promotion, or be threatened with any such treatment due to } our lav.rful exercise of any rights under any administrative grievance procedure.

The Fire Chief of the Riverside Fire Department shall not be precluded from ordering you to cooperate with any other agencies involved in criminal investigations If you fail to comply wi:h such an order, the Riverside Fire Department may officially charge you with insubordination.

No punitive action, nord enial of promotion on grounds other than merit sh.tll be undertaken by the Riverside Fire Department without providing you with an opportunity for administrattve appeal.

15. You have the right not to have any comment, adverse to your interest, entered tn your personnel file, or any other ftle used for any personnel purposes by the Department or Cit), without )OU having first read or s1gned the instmment containing the adverse comment indicating that you are aware of such comment. If you refuse to sign the document, it will be so noted and placed 10 your file
--- --
c
Management & Administration
T1tlc Compla1nl Policy SOP. I 12
Effective 12/00
Rclitsrd 08/10
I G You ha\c the right to refuse to mfonn the Depastrnenl of infonnation regnrding items of property, income, asset<;, smucc of income, debts or person ll or clomcstic expenditures and those of )our fnrnil}. L',\Cept such infornmtton 35 sequited b) Stale linv or which i!. necessat y fo1 the Depanmcnl to ascer1t1in the desirability of assignment to,, sp ial unit in \\hich there IS a sl!ong possibillly that bribes or other inducements may bt• offered

17. You have the right to have your lo=ker, or other spncc for storage assigned to you, free uf search except when you are present, or wtth your consent, or unless a valid search warrant has been obtained llr when you hnvc ueen nottficclthat a search \\ill be conducted 18 You have the right to have thirty (30) cnlendar clays Within which to file a written response to an} adverse comment entered 10 any persmUlel file and have it attached to, and accompany the adverse cornm en\.
19 You have the right to refuse to !>Ub nit to a polygraph examination No disciplmary action, records, or testimony may be given to indicate that you refused the polygraph. /lull•e rend ami received n copy of my rigfltr nuder tlte PUBI.!C SA f'ETY OFF/C'I.'RS' PROCHDCIREAI RILL OF RTG/ITS ACJ (Gm·mrmcnt Code J.lOO, et Jrq.) ---- -----Offircr Date
Witness Date
Are you taking any medication that could cause you to be unable to understand and respond truthfully and fully to the questiOns that will be asked of you? Response· No __ Yes
Have you failed to take any prescribed medication that would asstsl you to understand and respond truthfully and fully to the questions that will be asked of you? Response: No __ Yes
Arc: you suffering from any mental or physical condition that could cause you to be unable to understand and respond truthfully and fully to the questions that will be asked of you? Response: No __ Yes
('I) ofRI'ttl•dc frrc Orpanmtnl Sundt~d Oprnr1ng Procedure (
Management & Administration
Title· Complatnt Policy
Effective: I 2/00
Revised: 08/J 0
SOP: 1.12

1 he Caltfomia Supreme Court, in mterpreting Govemment Code Sections 3303(e), 3303(g), and 3304(a) slated that an officer mttSI be given Miranda Rights when it is apparent that he or she may be charged with a criminal offense.
.MIRANDA STATEMENT OF RIGHTS

SPECIFIC WARNING

1. YOU HAVE THE lUGHT TO REMAIN SILENT.

2. ANYTHING YOU SAY CAN AND WILL BE USED AGAINS1 YOU It\ A COURT OF LAW.

3. YOU HAVE THE RIGH1 TO TALK TO A LAWYER AND I lAVE HIM PRESENT WITH YOU WHILE YOU ARE BEING QUESTIONED.

4. IF YOU CANNOT AFFORD TO HlRE A LAWYER, ONE WILL UE APPOINTED TO REPRESENT YOU BEFORE ANY QUESTIONING, IF YOU WISH ONE.

WAIVER
S. DO YOU UNDERSTAND EACH OF THESE RIGHTS I HAVE EXPLAINED TO YOU? llliSPONSE: ---------------------

6. HAVING THESE RIGHTS IN MIND, 00 YOU WISH TOT ALK TO US NOW? RESPONSE: ---------------------
The foregoing was read and fully explai11ed to:

Full name person questioned
By
Signature of person giving advisement Date
The above is true
Signature of person questioned Date
Ctry o( Rtvers,de Ftre Oepanmem S!u.da:d Opera11n11 Procedure Appendix~
(
Management & Admi mstrallon
Tttle Complaint Polity SOP: 1.12
E!Tccltvr 12/00
Rcvt~cd· 08110
Although y0u have a right to tcrnain stll'llt and no: incnminate yourself, your silence can be dt•cmed insubordtn!!tion ancltesuh in ndmtntl>t:i:lti\ c dtsciphne up to and mcludrng termination Any st;ttcmentthal }OU make under compulsron of the threat of such disctpltnc cannot hr used against you 111 a lfltcr criminal procrcdtng
Although nothing which you say putsunnt to the dircl'l order of the Department ma} be used against you 10 an) future criminal proceedings, the Department :. legal I) obhgatcd to provide a cop; of the compelled statement upon the dem.1nd of an) Federal or State prosecutorial agency which may be investigating your conduct Howc,er, )OU have the right to challenge the prosecutorial agency and the chnrges by requesting a healing and requiring that the prosecutor prove thnt all evtdencc was obtained independent!) nnd not as a result of your compelled statement
I am hereby ordenng ) ou :o ans\\Cr truth full} and completely questions relallng to this intervic'' or rnvestigation.

You have 1hc right to hnve?. representative ptcsent while being tntervicweu Do you wish lo have a representative present with you?
Response : ~-
Name of rept cscntative present:

Tlte Joregoi11g wn~ rend n11tf fully e.\.plained to:

Full noml' per.wn questioned
By
Signmw·e of person g1ving ndvisemenl Dme
The nbO\'e t.s tt ue ·
Signnfllre of person questioned Dme
C•l) of R•.rrs.dc F tt Otp~nmc~l S1~d111d Opcr;l ng Protcd11rc (
Mamli'C'll nt & Admm strallon
"lttle Compl 1111 P licj
l'ilecti \ • 12 0 SOP I 12
RC\IS d 08 0
AI'PFNDJX "B,
RIVERS!DE liRE DEPARl MEN f
E\1Pl OYEE (FIJU· UNI f/FIRI· MANAGI'MENT l1NIT) ADMONiliON OF' RIGH fS An investigation ts bciug conducted on
Dnte·
"/ irne
I n ... ation
l'rcsenr
I reference o
\\'hcrcu the m:tttac.: of the Investigation focuses on
Management & Administration
Title: Complaint Polic)
f:ffcctive· 12/00 SOP: 1.12
H~vlsed . 08/10
You have the following I ights pursuaniiO the Fm·fighters' l'rncedurnl nlll of Rights Act I. You ha\ e the right to have any in•crrogation conJucted at a 1 casoaablc hour, with a representative of your own choosing present. Preferably, the intcrrognt ion will take plncc at a time when you are on duty, or during your nom1al waking hours, uules• the seriousn~ss of the investigation requires otlrerwi,c. 2 You have the right to be compenc;atcd for time spent in intcnogat1ons that are conducted 10 your off duty time at the nom1al rate for the Department You shall not be rclct~sed from employment for an> w01k you missed

3. Youltavc the right to be infonned of the name, rank and command of the officer in charge of an intcrroeation, the interrogating officcr(s), and all persons to be present during the interrogation, in advance of the interrogation.

4. You have the right to have all questions directed to }'Ou through no more than two interrogators at one time.

5. You ha\'C the right to have the interrogation session limited to a reasonable penod, taking into l·onsidcration the gravity and complexity of the issue being rrwcstigated 6 You ha~e the right, during interrogations, to be allowed to attend to }OUr own personal physical necessittes

7. You ha\e the right not to be subjected to offensive language or threatened with punitive action.

An cmp:oyce refusing to respond to questions or submit to interrogation shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive oct ion. No promises of reward shall he made as an inducement to answering any questions
8 You have the right not to be subjected to visits by the press or news medta without your express consent nor shall your home address or photograph be given to the press or news media by the Department without your express consent
9 You shall have access to any tape recording(s) of any of your interrogations and you shall have the right to use your own tape recorder.

I 0 You have the right to a transcribed copy of any notes made by a stenographer, or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports, which are deemed to be confidential, may be entered tn your personnel file.

11. You have the right to be informed of your constitutional rights if it is deemed that you may be charged with a criminal offense before lhe interrogation starts.

Col) ol R,.crudc F11c Ocplltlmcno Sr:w1d1rd Open:'"& Ptoccduot Appcndn B Management & Adnunistration
Title: Complaint Pol icy
Effective. I 2/00 SOP: I 12
Revised 08/10

12. You have the light to have a represenlnlivc present tfformal charges have been made or if punitive action may be taken as a result of the i ntcrrogation.

13. You have the right not to be temporarily reassigned, to a location or duty assignment if a member of the Department would not nonnally be sent to that location or would not nonnally be gi vcn that duty assignment under similar circumstances

14. You shall not be subjected to punitive action, or denied p1omotion, or br threatened with any such treatment due to your lawful exercise of any rights under any administrative grievance procedure. 1 he Fire Chief of the Riverside Fire Department shall not be precluded from ordering you to cooperate with any other agencies involved in criminal investigations. If you fail to comply with such an order, the Riverside Fire Department may offic1ally charge you with insubordination.

No punitive action, nor den in! of promotion on grounds other than merit, shall be undertaken by the Riverside rirc Department without providing you w1th an opportunity for administrative appeal 15 You have the right not to have any comment, adverse to your interest, entered in your persormcl file, or any other ftle used for any personnel purposes by the Department or City, without you having first read or signed the instrument containing the adverse comment indicating that you are aware of such comment If you refuse to sign the document, it will be so noted and placed in your file. 16 You have the right to refuse to inform the Department of information regarding items of property, income, assts, source of income, debts or personal or domestic expenditures and those of your family, except such information as required by State law or which is necessary for the Department to ascertain the desirability of assignment to a special unit in which there is a strong possibility that bribes or other inducements may be offered
17 You have the right to have your locker, or other space for storage assigned to you, free of search except when you are present, or with your consent, or unless a valid search warrant has been obtained or when you have been notified that a search will be conducted 18 You have the right to have thirty (30) calendar days within which to file a \YriHen response to any adverse comment entered in any persormel file and have it attached to, and accompany the adverse comment.

19. You have the right to refuse to submit to a polygraph examination. No disciplinary action, records, or testimony may be given to tndtcate that you refused the polygraph.

Cal)· ofRtvcrsadc Fare Ocpanm<nt Sa11nd1.1d Op"r~ung P~acedurT App<ndf\ B
{
Mauagcme111 &. Arlmmistrntton
Tttlc· Cornphsint Poltcy
Effecti\l· 12100 SOl' I 1/
Revtset.l· 08/10
llull't: ll'ntl n/1(1 receil'ed n COf~l' of my rig lit:.:
f::.tnp!oyec (hrc lJnH/Fire Management Unit) Date
W11ncss Date
Arc you taking any medication that could Cllttse you to be unablt- to understand and respond truthfully and fully to the questions thai will be asked of you? l{esponse. No Yes
Have you failed to take any prt>scribed medtcation that would assist you to understand and respond truthfully and fully to the quesllons that will be asked of you? Response: No Yes
Are you suffering from any mcutal or phystcal condttion that could cause you to be unable to undersrand and respond tntthfully and fully to the questions that will be asked of you? Response. No Yes
Col) of Ri-.rsod< Fore Dcp;utm~nc Sri111dl1d Op.:nung Proc.dur< /\pJI<nd" B
Management &. Aclrntnistratlon
Tille. Complaint Pol icy SOP: 1.17.
l:ffectl\•c· 12/00 Page 16 of 18
Re\iscd: 08/10
1 he Cnhfomia Supreme Court, in interpreting Government Code Sections 3.103(e), 330l(g), and 3304(a) stated thai nn ol t~cer must he given Miranda Rights when it is apparent that he or she may be charged \\i~h a cnmirml ollense.

MIRANDA STATEMENT OF RIGHTS
SPECII 'lC WARNIN(r
I. YOU llA VE TilE RJGHT TO ltEMAIN SILENT.

2. ANYTHING \'Ol J SAY CAN AND WILL BE USEO A(;AlNST YOU IN A COURT OF LAW.

3. YOU HAVE TilE RIGHT TO TALK TO A l.AWYBI~ AND HAVE HIM PRESENT WITH YOU WHILE YOU ARE BEING QUESTIONED.

4. IF YOU CANNOT AFFORD TO lURE A LAWYER, ONE WILL BE APPOINTED TO REPRESENT YOU BEFORE ANY QUESTlONtNG , IF YOU WISH ONE .

WAIVER
S. DO YOU UNDERSTAND EACH 01· THESE RIGHTS I HAVE EXPLAINED TO YOU? RESPONSE:

6. HAVING THESE RIGHTS IN MIND, DO YOU WISH TO TALK TO US NOW ? RE~WONSI<.: - - ----------
Th e foregoing 111as rcotl tJIIdfully explained to:

Full name person quesrioned
!Jy.

Signature of Jll!f!iOn giving advisement
The above IS true
Signa ture of person questioned Dote
Ciry or RIYCI'SidC F I~ Ocpll1mc"ol Stan dud Open!IOJ Procedun:

Apprndur 8
(
Management & Administration
Title Complaint Policy
Effective. I 2/00 SOP; 1.12
Revised: 08!1 0
Although you have a right to remain silent a:1d not incriminate yoUisclf, )our Silence canue deemed lllSuhordination anriJesull in ad111inistrative discipline up to and including termination. /\ny statement that )OU make under compulsion of the threat of such discrtJiine cannot br used against you in a later criminal procecrling.

Although nothinp, which you say pursuant to the direct order of the Dt:pdrtment may be used against you in any flllure criminal proceedrngs, the Department is legally obligated to provide a copy of the compelled statement upon the demand of any Federal or State prosccutorial agency which may be investigating your conduct. However, you have the right to challenge the prosecutorial agency and the charges by requesting a hearing and requiring that the prosecutor prove that all cvidenc~ was obtained independently and not as a result of your compt!lled statement.

I am hereby ordering you to answer I ruth fully and completely questrons relating to this interview or investigation
You have the right to have a representative present while being inten•iewcd.

Do you wish to have a representative present with you?
Response:

Name of representative present:
71te foregoing •vns rend nnd fu lly explained to:

Full mtml' pe1 son questioned
By
Signature of person giving afMsement Dale
The above is flue
Signature of p erson q11estioned /)(1((!
Append•\ 6
l'"ana~ernent & AdmmJslrat n
f tl Compla1n1 Polt )
f.r ectJ\C 12 0
R \JSCd OE 0
APPENHJX "C"
OVERVIEW- FIRE UN! r/FIRE MANAGbMFN.l
ACIION I AKhN I 0\Vl.S 1 GRirVANCE UOCUMl:NTAI ION U-Vl.L RIOHJ'S Captain NIA NIA
Cap tam Rehuttahlc Division hie One
Yt•ar
No
WRlll I:!'\ Rebuttable
J
Di\ t!>ton F-ile Ooc
AUMONIS.L\1ENI Year
( EMFRGF\;CY Battalton SUSPfNSION Chief No Personnel F1le WITH PAY ADMTNJ~ll RATJVV. F1re Chiefs No Personnel file LEA Vf WITH PAY Office -- WRIJ lf.N Captain Yes Personnel File REPRIMAND
- ----r
fire Chiefs
PAY REDUC110N Office Yes Personnel File
----
SUSPENSION f1re Chiefs Yes Personnel File WITHOUT PAY Office F1rc Chiefs
DEMOTION Office Yes Personnel File
F1re Chiefs
TERMTNATJON Office Yes Personnel f1le
Ctl}' of Rt~emd< fuc !kplt1r.:em SUUidlld Opcnrtng Procedure SOP. I 1/
Page IS of IS

PRL-DISC
NOTTC'l~
No
No
No
No
No
No
No
- -
Yes
----
Yes
Yes
Yes
Appendix C

ATTACHMENT
B

REASONABLE SUSPICION AND POST-ACCIDENT

DRUG AND ALCOHOL TESTING INFORMATION FOR

MEMBERS OF THE RIVERSIDE FIRE MANAGEMENT GROUP

The requirements and information should be fully understood by all affected City employees. Questions should be referred to the Human Resources Department, (951) 826-5508, City of Riverside, 3780 Market Street, Riverside, CA 92501.

Adopted: July 28, 2006

TABLE OF CONTENTS

SECTION
PAGE
DRUG AND ALCOHOL POLICY ...................................................................................... 1 RESPONSIBILITIES ........................................................................................................ 1 DEFINITIONS USED IN THE POLICY ............................................................................. 1 WHO IS AFFECTED BY THIS POLICY? .......................................................................... 2 Training .................................................................................................................. 2 Drug Testing ........................................................................................................... 2 Alcohol Testing ....................................................................................................... 3 Consent .................................................................................................................. 3 Refusal to Consent ................................................................................................. 3 Reasonable Cause/Suspicion ................................................................................ 4 Post Accident.......................................................................................................... 5 Return-to-Duty ........................................................................................................ 5 Follow-up Testing ................................................................................................... 5 DISCIPLINE FOR WORK-RELATED PROBLEMS ........................................................... 6 CONFIDENTIALITY .......................................................................................................... 6 RECORD KEEPING .......................................................................................................... 6 FOLLOW-UP FOR POSITIVE TESTING .......................................................................... 7 Employee Assistance Programs ............................................................................. 7

SUPERVISORY PROCEDURES FOR DOCUMENTING REASONABLE
SUSPICION OF DRUG AND/OR ALCOHOL USE ................................................. 7 SPECIMEN COLLECTION PROCEDURE ........................................................................ 8 Drug Testing ........................................................................................................... 8 Alcohol Testing ..................................................................................................... 1 O
CUT OFF LEVELS INFORMATION ................................................................ Appendix A COLLECTION SITES AND LABORATORY .................................................... Appendix B REASONABLE SUSPICION CHECKLIST ...................................................... Appendix C ACKNOWLEDGMENT/RECEIPT FORM ........................................................ Appendix D CONSENT TO DRUG/ALCOHOL TESTING. ................................................... Appendix E ADMINISTRATIVE ORDER TO SUBMIT TO DRUG/ALCOHOL TESTING ....Appendix F

DRUG AND ALCOHOL POLICY

The City of Riverside has a vital interest in providing its employees with safe and healthful working conditions and in providing its citizens and visitors with high-quality municipal services that are effective, safe, and efficient. To this end, it is critical that the City strive to guarantee a workforce free of any substance or alcohol abuse. The City will not tolerate any drug or alcohol use which may affect the job performance or pose a hazard to the safety and welfare of the employee, the public, or other employees of the City. Off-duty illegal drug use, which affects the employee's job performance, or jeopardizes workplace and public safety is, under City policy, proper cause for disciplinary action up to and including dismissal.

Employees have the right to work in an alcohol and drug-free environment and to work with persons free from the effects of alcohol and drugs. Employees who abuse alcohol and drugs are a danger to themselves, to other employees, and to the public. In addition, drug and alcohol abuse inflicts a terrible toll on the nation's productive resources and the health and well-being of American workers and their families. Alcohol, for instance, is a depressant which can impair judgment, reaction times, and reflexes. Though a legal drug, the possession and use on the job is prohibited and off-hours use is prohibited within 4 hours of reporting for regular assignment, an overtime assignment, or while on call to provide public service, in any capacity as a public employee.

The City is committed to establishing and maintaining a safe and healthy work environment free from the influence of alcohol and drugs and to preserving public confidence in City employees and maintaining the reputation of the City. With this objective in mind, the City has established the following Drug and Alcohol Policy with regard to the use, possession, sale, manufacture, and distribution, of alcohol or drugs.

This policy is adopted pursuant to The Drug-Free Workplace Act of 1988, as enacted by the United States Congress, which requires the establishment of drug-free workplace policies, and the reporting of certain drug-related offenses to the appropriate federal agency.

RESPONSIBILITIES

Employees shall receive, read, and sign for a copy of this Policy.

Managers and Supervisors will be held strictly accountable for the consistent application and enforcement of the Policy. Any Manager/Supervisor who knowingly disregards the requirements of this Policy, or who is found to deliberately misuse the Policy in regard to subordinates, shall be subject to discipline up to and including termination, in accordance wi th the City's disciplinary process.

DEFINITIONS USED IN THE POLICY

The following definitions shall apply for drug and alcohol testing of individuals subject to Reasonable Suspicion or Post-Accident drug/alcohol testing.

Alcohol - The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol.

Breath Alcohol Technician (BAT) - A trained individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device.

Drugs/Controlled Substances - The drugs for which tests are required under this policy are amphetamines, cocaine, marijuana, opiates and phencyclidine (PCP).

Employee - Any employee of the City.

5 Panel Drug Test - Five categories of drugs established by the federal government which fall under "controlled substances." They are amphetamines, cocaine, marijuana, opiates and phencyclidine (PCP). 2 Medical Review Officer (MRO) - A licensed physician certified to review and interpret all drug tests before they are reported to the Human Resource Director or designee.

Premises - Buildings, property, work areas, vehicles, parking lots and any place the employee happens to be during the course and scope of City employment.

Prescription Drugs - Any drug or medication prescribed by licensed physician for a medical condition.

Refusal to Test - Behaviors that constitute a refusal to submit to a drug and/or alcohol test include the following: refusal to comply with an administrative order to take the test; inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation; tampering with or attempting to adulterate the specimen or interfere with the collection procedure; not reporting to the collection site in the time allotted; leaving the scene of an accident without valid reason before the tests have been conducted; failure to sign DOT required testing forms for urine collection; refusal to remove outer garments or leave them outside the testing area; and, refusal to empty pockets. A refusal to test will be considered a positive test and an insubordinate action by the employee, subject to appropriate disciplinary action.

Reasonable Cause/Suspicion - The employer/supervisor believes that the actions, appearance, speech, body odors or conduct of an on-duty employee are indicative of the use of drugs, alcohol, or other controlled substances.

Safety Sensitive Functions - A work function that utilizes a commercial vehicle and requires the employee to have a commercial driver's license.

Safety Sensitive Personnel - Employees holding a Commercial Drivers' License and driving a commercial vehicle, on a full-time, part-time or intermittent basis.

WHO IS AFFECTED BY THIS POLICY?

All employees of the City of Riverside are subject to the terms of this policy.

TRAINING

Supervisors will receive training on reasonable suspicion (60 minutes total for signs and symptoms of drug use/misuse and for signs and symptoms of alcohol use/misuse). Refresher training will take place every two years. Training shall include the following:

Identification of the contact person, telephone number and office location for drug and alcohol related questions; the effects of drug and alcohol misuse on an individual's health, work, and personal life; the signs and symptoms of a drug and/or alcohol problem; the available methods of intervening when an alcohol problem is suspected.

TESTING

The privacy of the employee will be protected, the integrity and validity of the test process will be maintained for each employee during the testing process. Records will be maintained in confidence, pursuant to federal and state law.

Drug Testing

In accordance with City policy, an employee must receive authorization to work from their supervisor and the employee's doctor prior to taking any legal drug which may cause drowsiness or which may otherwise impair to any extent the employee's ability to safely and efficiently perform his/her job. The employee's doctor may authorize the employee to work while taking a legal drug with a signed authorization which states to the supervisor's satisfaction that the employee will not be impaired in the performance of his/her duties as identified by his/her job description.
3 The use and ingestion of illegal drugs is prohibited at all times. An employee may be tested for drugs anytime while on duty, subject to reasonable suspicion. Drug testing is a two-stage process. First, a screening test is performed. If it is positive for one or more drugs, then a confirmation test is performed for each identified drug using gas chromatography/mass spectrometry (GC/MS) analysis. The GC/MS confirmation ensures that over-the-counter medications or preparations are not reported as positive results.

All urine specimens are analyzed only for the following drugs:

Marijuana (THC Metabolite)
Cocaine
Amphetamines
Opiates (including heroin)
Phencyclidine (PCP)
An employee who wishes to dispute the accuracy of a positive test may request that the untested portion of the split sample be analyzed at his/her own expense.

For information on the Specimen Testing Procedure, employees should refer to page 8.

Alcohol Testing

An alcohol test may be conducted just before, during, or just after the work shift. The following acts are prohibited:

Having an alcohol concentration of 0.02 or greater as indicated by an alcohol breath test.

Using or possessing alcohol on the job.

Consuming alcohol within 4 hours of reporting for regular assignment, an overtime assignment, or while on call to provide public service, in any capacity, as a City employee.

Refusing to submit to an alcohol test.

Using alcohol within eight (8) hours after an accident or until tested.

Two breath tests are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first using evidential breath test ing devices (EBT) required and approved by the Federal Highway Administration (FHA). Any result less than 0.02 alcohol concentration is considered a negative test. If the alcohol concentration is 0.02 or greater, a second or confirmation test is conducted.

For information on the Testing Procedure, individuals should refer to page 10.

Consent

Before a drug and/or alcohol test is administered, employees will be requested to sign a consent form voluntarily submitting to the test. Appendix E.

Administrative Order

If the request is denied, and no probable cause exists to seize blood or urine samples for criminal evidence, the employee will be administratively ordered to take the test by a supervisor. See Appendix F. 4 If so ordered, the employee shall take the test in conformance with this Policy. The sample/test results may then only be utilized in an administrative action.

Refusal to Test

Refusal to comply with an administrative order for dr ug/alcohol testing will be considered a positive test and an insubordinate action by the employee. An employee's failure to submit to drug and/or alcohol testing required by the City for any reason may result in disciplinary action, up to and including termination, according to City policy.

The following behaviors constitute a refusal to submit to a test: refusal to comply with an administrative order to take the test, inability to provide sufficient quantities of breath or urine without a valid medical explanation, tampering with or attempting to adulterate the specimen or interfere with the collection procedure, not reporting to the collection site in the time allotted, leaving the scene of an accident without a valid reason before the tests have been conducted, refusal to remove outer garments or leave them outside the testing area, and refusal to empty pockets.

Where there
is a reasonable suspicion that the employee is then under the influence of alcohol or drugs, employee shall not return to work prior to completing all requirements for return-to-duty. The manager or supervisor shall arrange for the employee to be safely transported home after testing. An employee shall not be permitted to transport him/herself.

Reasonable Cause/Suspicion

The possession, transportation, distribution, receipt, sale, purchase or arranging for the sale, purchase or distribution of alcohol, including medicines containing alcohol (prescription or over-the-counter), is prohibited while on duty, unless, with respect to medicine, the packaging seal is unbroken.

The use, sale, distribution and/or manufacture of controlled substances is against the law. The use of prescribed drugs is not in direct violation of the policy; however, the use or prescribed use that may cause significant impairment, thus creating a safety hazard on the job, is in direct violation of this policy.

Reasonable Cause/Suspicion means that the employer/supervisor believes that the actions, appearance, speech, body odors or conduct of an on-duty employee are indicative of the use of drugs, alcohol, or other controlled substances. Indicators of the use of drugs, alcohol, or other controlled substances are identified in Appendix C of this document, Reasonable Suspicion Checklist. The City shall require an employee to be tested, upon reasonable cause, for the use of drugs and/or alcohol.

The behavior/conduct of the employee must be witnessed by a supervisor who has received training consisting of at least
1 hour for alcohol and drug use/misuse recognition. The training includes identification of actions, appearance or conduct which are indicative of the use of drugs or alcohol. The supervisor must directly observe and document the behavior and is encouraged, when possible, to contact the Safety Manager, the Safety Officer, the Public Works Safety Officer, or the Public Utilities Safety Officer for additional observation and documentation of the suspect behavior. Reasonable cause/suspicion may not be based upon hearsay.

The documentation of the employee's behavior/conduct shall be prepared and signed by the supervisor utilizing the Reasonable Suspicion Checklist within 24 hours of the observed behavior or before the results of the test are released, whichever is earlier.

Drug and/or alcohol testing may be performed only
if the observations are based on observable behavior at the job site during, just before, or immediately after the work shift that the employee is required to be in compliance. An employee may be directed to undergo a reasonable cause/suspicion alcohol test just before, during, or just after the work shift.

If an alcohol test is not administered within two (2) hours following a reasonable cause/suspicion determination, the supervisor shall document the reasons for the delay. If not administered within eight (8) hours, the test shall not be conducted. The supervisor shall document the reasons. 5 An employee who has an alcohol concentration of 0.02 or greater must be removed from duty and must be referred to the EAP.

Once a reasonable cause/suspicion determination is made, it is the responsibility of the supervisor to assure that the employee under suspicion is evaluated, and when necessary, transported to a specimen collection site to provide a urine and/or breath sample.

Any employee tested for reasonable cause/suspicion will be denied all work-related motor vehicle driving privileges until test results are received.

If test results are negative, the employee may resume regular work duties.

Post Accident

A traffic accident is defined as an incident involving a motor vehicle which results in death or serious bodily injury and which occurs in the performance of his/her duties.

As soon as practicable after an accident, alcohol and drug tests shall be administered to every surviving employee who receives a moving citation or whose operation of the vehicle cannot be ruled out by the supervisor as a contributing factor.

The following will apply for all affected employees resulting from accidents, incidents or related occurrences:

1. Post accident drug and alcohol tests must be given as soon as practicable during the eight (8) hours following an accident/incident.

2. The employee must be readily available for the test or they will be deemed to have refused the test.

3. The alcohol test should be administered as soon as possible. If the test not administered within two (2) hours of the accident, then the Supervisor must prepare and maintain a record slating why they were unable to administer the test. If eight (8) hours have passed, the attempts should be discontinued. The Supervisor must prepare and maintain a record as to why they were unable to administer the test.

4. If a drug test is not administered within 32 hours following the accident, the test shall not be administered and the supervisor shall document the reasons.

5. Following an accident, the employee shall remain available for such testing, or may be deemed to have refused to submit to testing. This does not require the delay of necessary medical attention for injured people following an accident, nor prohibit the employee from leaving the scene to obtain assistance or necessary emergency medical care.

6. An employee subject to post-accident testing may not use alcohol within eight (8) hours following the accident or before an alcohol test, whichever comes first.

Return-to-Duty

Employees who violate the City's policy and are accepted into Return-to-Duty and Follow-Up status must have a negative drug and/or alcohol test. Employees who return to duty are subject to follow-up testing.

Follow-up Testing

1. All employees identified by the Employee A ssistance Program (EAP) counselor as needing assistance will be subject to follow-up testing upon return-to-duty. 6 2. Employees will be subject to a minimum of si x (6) unannounced tests over the following 12 months or as otherwise set forth in a Last Chance Agreement.

3. The EAP counselor can terminate the requirement for the follow- up testing in excess of the minimum at any time, if the EAP counselor determines that the testing is no longer necessary and is supported by the employer.

4. Follow-up testing may include tests for other substances beyond the employee's initial positive test of alcohol and/or drug when the EAP counselor has reason to suspect other drug or alcohol use during the follow-up period.

DISCIPLINE FOR WORK-RELATED PROBLEMS

The City may impose disciplinary measures, up to and including termination, for policy violations and work-related problems, separate and apart from violations of the drug and alcohol policy even if such rule violations or work-related problems result from drug and alcohol abuse.

CONFIDENTIALITY

Confidentiality is an essential element of this policy.

1. Any employee violating confidentiality shall be subj ect to discipline and may also be civilly or criminally liable.

2. The results of any testing shall be used for employment purposes only. The testing laboratory is only authorized to release test results to the MRO. The MRO and the BAT are only authorized to release test results to the Human Resources Director or designee.

3. All records pertaining to drug and alcohol testing of an employee shall be contained in a separate confidential medical file that will be securely kept under the control of the Human Resources Director or designee. It shall be separate from the employee's other personnel records.

4. The employee may request and receive the results of his/her tests.

5. The City may disclose specific test results without the employee's consent only when:
a. All information is compelled by law or by judicial or administrative process; b. The information has been placed at issue by the employee in a formal dispute between the employee and the City;
c. The information is necessary to administer an employee benefit plan; or, d. The information is needed by medical personn el for the diagnosis or treatment of the patient who is unable to authorize disclosure.

6. Any positive test results determined by a second test to be negative shall be removed from the employee's file and destroyed.
7 RECORD KEEPING

The Human Resources Director or designee will retain the records as follows:

I

FOLLOW-UP FOR POSITIVE TESTING

Employee Assistance Program (EAP) Services

The City supports an opportunity for treatment to be made available to affected employees. The City will provide for an EAP evaluation to assess employees with drug and/or alcohol misuse problems. The counselor will provide referrals for counseling, treatment programs, or other sources. Employees will be monitored for successful completion of counseling and treatment programs.

Each affected employee who violates this policy will be given the opportunity to be evaluated to determine whether the employee needs assistance resolving problems associated with drug and/or alcohol misuse, and, if necessary, a referral for further treatment. The City has no obligation to provide or pay for treatment.

This is the responsibility of the employee.

Before returning to duty, each employee identified as needing assistance must: (1) be evaluated again by an EAP counselor to determine whether the employee has successfully complied with the treatment proscribed following the initial evaluation; (2) undergo a drug and/or alcohol test to satisfy established acceptable results for return to duty; and (3) be subject to a minimum of six (6) unannounced, follow-up drug and/or alcohol tests over the following 12 months.

SUPERVISORY PROCEDURES FOR DOCUMENTING RE ASONABLE SUSPICION OF DRUG AND/OR

ALCOHOL USE
BACKGROUND: Reasonable cause/suspicion means that an employer/supervisor believes that the actions appearance, speech, body odors, or conduct of an on duty employee are indicative of the use of drugs, alcohol or other controlled substances. The City shall require an employee to be tested upon reasonable cause for the use of drugs or alcohol.

RECORD I RETENTION PERIOD I
Results of an employee's alcohol test which indicates an alcohol concentration level of .02 or hiaher
5 years
Result of an emolovee's drua test which is aositive 5 vears Documentation of any employee who refused to submit to a renuired alcohol/drun test

5 years
Calibration documentation of evidentiarv breath testina devices 5 vears Employee assessments and referrals by substance abuse
professionals, as well as records of employee compliance with EAP recommendations, including results of return to duty and follow-up testing for drug use and alcohol misuse.
5 years
Records documenting the collection process for the alcohol and drua test and all drua and alcohol education and trainina records 2 years
Results of an" alcohol test which is less than .02 2 vears Documentation of any negative or canceled drug test 2 years 8 The supervisor must use the following process to validate the reasons for considering a drug and/or alcohol test. All observed behaviors must be documented on the Reasonable Suspicion checklist. In all cases of reasonable cause/suspicion, the Human Resources Director or designee must be contacted.

1. The supervisor should personally escort the employee to an office or other private area. Another supervisor should be present as a witness.

2. The supervisor should state the definition of reasonable suspicion to the employee and give the reasons the supervisor suspects drug and/or alcohol usage.

3. Using the Reasonable Suspicion Checklist, the supervisor will question the employee and document information and behavior. The supervisor will complete the form and following a conversation with the employee, makes a determination as to whether or not the employee appears to have used drugs and/or alcohol during, just before or after the work shift the employee is required to be in compliance. The supervisor shall comply with SOP Number 405 (Personnel Complaint Policy).

4. If the employee does not appear to be under the influence of drugs, including prescription drugs, and/or alcohol, the supervisor should release the employee to perform regular work duties.

5. If the supervisor believes that the employee is under the influence of drugs and/or alcohol, the supervisor notifies the Human Resources Director or designee, who will then refer the employee to the approved drug and alcohol testing site.

6. If the employee refuses drug and/or alcohol testing, the Human Resources Director or designee refers the employee to the Employee Assistance Program.

7. If the employee consents to drug and/or alcohol testing, the supervisor personally escorts the employee to the approved drug and alcohol testing site. Another supervisor should be present.

8. Al the collection site, the employee meets with the Collection Site Technician who will conduct the testing process.

9. The supervisor remains at the collection site and after the collection process, transports the employee back to the work site.

10. If the alcohol test is below 0.02, the employee may return to work with no corrective action.

11. The supervisor notifies the employee that, until the drug test results are completed, the employee will be on leave with pay.

12. If it is believed that the employee is impaired, the supervisor makes arrangement to have the employee taken home. If the employee refuses as sistance, a witness should verify that the employee refused assistance. If the employee cannot control his/her actions and leaves without assistance, the supervisor must call the Police Department immediately to inform them of the employee's condition and refusal for assistance. The Police Department needs to provided with the employee's name and description of the vehicle including the license number.

SPECIMEN COLLECTION PROCEDURES

Drug Testing

1. The employee arrives at the collection site.

2. If the employee does not arrive at the assigned time for testing, the Human Resources Director or designee shouId be contacted for instructions.
9 3. The identity of the employee to be tested is ve rified by examining a photo identification or by verifying with the employer's representative. If the identity cannot be established, the process stops.

4. If the employee being tested requests it, the Colle ction Technician (CT) should present their identification as well.

5. Once the employee identification has been verified, the first portion of the chain of custody requisition should be completed.

6. The CT requests that the employee remove unne cessary outer garments, such as a coat or jacket, and relinquish any briefcase, purse, or similar item, along with the outer garments for safekeeping during the collection process. T he employee may retain his or her wallet. If requested, a receipt for personal items will be provided.

7. The CT instructs the employee to wash and dry hands his or her hands. Once this is done, the employee must remain in the presence of the CT. He or she is not to be permitted access to a fountain, faucet, soap dispenser, cleansing agent, or other materials that could be used to adulterate the urine specimen.

8. The CT provides the employee with a specim en bottle and allows him/her to provide the specimen in the privacy of a stall or other partitioned and secured area.

9. If the employee refuses to provide a specimen or otherwise fails to cooperate with the process, the Human Resources Director or designee is notified and the refusal is documented on the custody and control form.

10. The CT will note any unusual be havior on the custod y and control form. If the CT suspects tampering or substitution, the CT will consult with the test site supervis or before requesting a direct observation specimen collection.

11. Upon receiving the specimen, the CT will make ce rtain that the sample contains at least 45 milliliters of urine.

12. In the case of post-accident or reasonable suspicion testing where the employee has difficulty providing an adequate sample, the CT will request that he or she consume reasonable quantities of fluids until he or she can provide a sufficient sample or, until 3 hours have passed from the beginning of the collection process. If the 3 hours have expired without an acceptable sample, the CT will request guidance from the Medical Review Officer (MRO).

13. If a second specimen is indicated, the CT makes certain a fresh container is used. The original inadequate specimen is discarded.

14. Once an adequate sample is provided, the CT allows the individual to wash his or her hands.

15. The CT tests the specimen for temperature within four (4) minutes of urination. The acceptable range is 32 degrees - 38 degrees C (90 - 100 F).

16. The CT inspects the sample for color and any sign of contamination or tampering. Any unusual signs are noted on the custody and control form. In the case where tampering is suspected, the collector will consult with a test site supervisor before collecting a second specimen under the direct observation of a testing site person.

17. The CT keeps the specimen in view at all times prior to sealing and labeling. The specimen also remains in view of the individual. In full view of the individual, the CT transfers the collected specimen to the primary and to split specimen containers. 10 18. The CT inspects the collection area to ensure that specimen adulteration did not occur. Any unusual findings will be noted on the chain of custody form. If adulteration of the specimen did occur, the CT will conduct an observed collection.

19. The date of collection is written on the peel-off labels located at the side of the requisition.

20. The CT peels off one label and places it on the lid of the collection container. The remaining label is placed on the lid of the split specimen cont ainer. The donor initials each label on the containers.

21. The CT removes the "laboratory original" copy of the chain of custody requisition and places it in the outsidꞏe pocket of the chain of custody bag.

22. The individual initials the chain of custody bag in the appropriate locations to document that the correct specimen is being sent to the laboratory. The CT signs and dates the same seal.

23. The CT retains the "collector copy" of the chain of custody requisition and gives the "donor copy" to the individual. The "company copy" of the chain of custody requisition will be forwarded to the Human Resources Director or designee. The MRO copy will be sent to the Medical Review Officer.

24. The sealed chain of custody bag remains in cont rol of the CT or in a secured area within the collection site until shipment to the laboratory.

25. When the test results are received by the MRO, a thorough review of documentation, test results, and circumstances will be made before making a decision regarding an individual. A final decision will be made and communicated to the individual within three days unless there are extenuating circumstances. In all cases where al cohol or drug involvement is confirmed, the employee will be referred to the EAP.

26. If the City receives a cancelled test result when a negative result is required (e.g., pre- employment, return-to-duty, or follow-up test), another specimen will be required immediately.

Alcohol Testing

1. The employee arrives at the testing site.

2. If the employee does not arrive at the assigned time for testing, the Human Resources Director or designee should be contacted for instructions.

3. The ID of the employee to be tested is verified by examInmg a photo ID or employer's representative. If the ID cannot be established the process stops.

4. If the employee being tested requests it, the Breath Alcohol Technician (BAT) should present their ID.

. 5. Once the employee's ID has been established, Step 1 will be completed on the U.S. Department of Transportation (DOT) Breath Alcohol Testing Form.

6. The employee will complete Step 2 on the DOT form, signing the certification. If the employee refuses to sign the certificate, it is regarded as a refusal to take the test.

7. The employee and BAT shall read the sequential test number displayed on the Evidential Breath Analyzer Test (EBT).

8. The BAT will open an individually sealed mouthpiece in view of the employee and attach it to the EBT according to instructions.
11 9. The employee will blow forcefully into the mouthpiece for at least 6 seconds of until the EBT indicates that an adequate amount of breath has been obtained.

10. The BAT completes Step 3 of the DOT testing form.

11. If the test results are less t han 0.020 on the screening test, a copy of the form will be provided to the employee. One will be forwarded to the employer and one will be retained by the BAT.

12. If the test results are greater than 0.020, a confirmation test will be conducted as follows:

a. The BAT will explain that a confirmation test will be conducted. b. The employee must stay in the room observed for a 15-minute waiting period. During this time, they may not eat, drink or put any object or substance into their mouth.

c. The confirmation test will be conducted no less than 15 minutes after the screening test but within 30 minutes of the completion of the screening test. d. The confirmation test will be completed according to Steps 1-11 of this procedure.

e. If the result of the confirmation test is different than the screening test, the confirmation test will be considered the accurate results.

Appeal

Any positive result may be appealed by the employee as follows:

1. The employee must file a written request for retesting the sample (and/or comparison testing of the split sample or second sample) in dispute to the Fire Chief within 15 working days of the positive test notificati on or prior to any pre-disciplinary hearing (Skelly), whichever comes first.

2. The retest order must be accomplished within five (5) working days after the notice of appeal has been approved.

3. The employee and his or her representative or attorney must coordinate the retest through the laboratory at the employee's expense. If the employee wants the test to be conducted by another laboratory, that laboratory shall be certified for drug testing by the U.S. Department of Health and Human Services. In that case, a strict chain of custody procedure shall be agreed upon by both the Department and the employee. In addition, the laboratory shall provide simultaneous notification of the results to the employee and the Human Resources Director.

4. If the results of the retest are negative, the original sample will be considered negative. If the results are positive, there will be no further appeal as to retesting.

Appendix A
Cut Off Levels Information

Initial Cut Off Levels

Marijuana Metabolites
Cocaine Metabolites
Opiate Metabolites
Phencyclidine
Amphetamines

50ng/ml
300ng/ml
2000ng/ml
25ng/ml
1000ng/ml

Confirmatory Cut Off Levels

Marijuana Metabolites
Cocaline Metabolites
Opiates
Morphine
Codeine
Phencyclidine
Amphetamines
Amphetamine
Methamphetamine
15ng/ml
150ng/ml

2000ng/ml
2000ng/ml

25ng/ml

500ng/ml
500ng/ml

Appendix B
City of Riverside
Collection Sites and Laboratory
Collection Site:

For Employees Who Do Not Use Class A or Class B Licenses in the Course of City Employment (Fire Engineers are the only Class A or Class B Drivers who are sent to this collection site):

Inland Empire Occupational Medicine
3579 Arlington Avenue
Riverside, California

Laboratory:

Pacific Toxicology Laboratories
6160 Variel Avenue
Woodland Hills, California 91367

Appendix C
Reasonable Suspicion Checklist

See following page.

Appendix D
Acknowledgment/Receipt Form

See following page.

ACKNOWLEDGMENT/RECEIPT FORM

I hereby acknowledge that I have received a copy of the City of Riverside's Drug and Alcohol Testing Policy for Members of the Riverside City Firefighters' Association.

I have read and understand the provisions outlined in the City of Riverside's Drug and Alcohol Testing Policy and agree to comply with all of the requirements contained therein. I und erstand that disciplinary action may be taken if I am found in violation of the policy.

Employee Name (Print)

Employee Signature

Date

Witness

Appendix E
Riverside Fire Department Cons ent to Drug Alcohol Testing

See following page.

RIVERSIDE FIRE DEPARTMENT

CONSENT TO DRUG/ALCOHOL TESTING

I have been requested to submit to a drug and/or alcohol test pursuant to SOP Number

I understand that the sample will be submitted for forensic testing to determine any drug or alcohol content. I hereby release custody of the sample to be collected for Department use, and consent to the release of the test results to the Department in connection with its criminal and/or administrative investigations.

I understand that a portion of my sample will be preserved to allow for independent testing by the laboratory of my choice, at my own expense.

I have read and understand the contents of this admonishment and consent form, and □ consent to provide a blood or urine sample.
□ consent to alcohol testing.
□ refuse to provide a voluntary sample of blood or urine or to voluntarily submit to an alcohol test.

Signature of Employee Date

Printed Name of Employee

Signature of Witness Date

Printed Name of Witness

Appendix F
Administrative Order to Submit to Drug/Alcohol Testing

See following page.

RIVERSIDE FIRE DEPARTMENT

ADMINISTRATIVE ORDER TO SUBMIT TO DRUG/ALCOHOL TESTING

Pursuant to SOP Number , you have been requested to voluntarily submit to a drug and/or alcohol test. II is our understanding that you have refused the request.

Consequently, I am hereby issuing an administrative order for you to submit to a drug and/or alcohol test. Your refusal to submit may be deemed insubordination and result in administrative discipline up to and including termination. Since you are acting under compulsion of the threat of discipline, the test results may not be used against you in any subsequent criminal proceedings.

I understand that a portion of my sample will be preserved to allow for independent testing by the laboratory of my choice, at my own expense.

Do you understand this order?

Response
Are you now willing to comply with the order and submit to the test? Response

The foregoing was read and fully explained to:

Full name of person questioned
By:

Signature of person giving advisement Date
The above is true:

Signature of person admonished/questioned Date

Effective Date: July 28, 2006

SUBJECT: REASONABLE SUSPICION AND POST-ACCIDENT DRUG AND

ALCOHOL TESTING POLICY FOR MEMBERS OF THE RIVERSIDE FIRE

MANAGEMENT GROUP

PURPOSE:

To establish a policy that provides a procedure for reasonable suspicion and post-accident drug and alcohol testing for members of the Riverside Fire Management Group.

GENERAL BACKGROUND:

The City of Riverside ("the City") recognizes that its employees are its most important resource.

The City also has a "zero tolerance" approach to employee use and misuse of drugs/alcohol related to the performance of required duties. A policy for reasonable suspicion and post- accident drug and alcohol testing for all affected City employees is intended to accomplish the following objectives:

1. To provide a safe working environment for City employees;

2. To protect the safety of persons and property;

3. To provide the highest quality of public service;

4. To promote efficiency and productivity;

5. To avoid adverse effects on employee health and well-being, as well as to minimize the City's related health costs;

6. To prevent loss of public confidence in City employees and damage to the City's reputation;

7. To prevent drug-related theft and other employee misconduct;

8. To encourage employees to seek voluntary assistance to deal with alcohol and/or drug use; and,

9. To comply with the Drug Free Workplace Act of 1988 (41 U.S.C. 702-706) and the City's Drug-Free Workplace Policy (Personnel Policy and Procedure Manual, 111-5).

DEFINITIONS:

Drug abuse is defined as:

1. The excessive use or intentional misuse of lawfully obtained prescription drugs or over- the- counter drugs when such use impairs job performance, alters behavior, and/or creates a risk to the health and/or safety of the employee or others; and/or,

2. The intentional use of illegal drugs or controlled prescription drugs obtained unlawfully.

Alcohol use considered in violation of this policy is defined as:

1. Using or possessing alcohol on the job.

2. Consuming alcohol within 4 hours of reporting for regular assignment, and overtime assignment, or while on call to provide public service, in any capacity, as a City employee.

3. Having a blood-alcohol concentration of 0.02 or greater while at work.

4. Allowing alcohol to impair job performance or create a safety risk.

POLICY:

The consumption of alcohol is prohibited during a work-shift (including breaks and/or meals), during an overtime assignment, while on call, or within four hours of a scheduled shift or of being on call. The use of illegal drugs or the excessive use or intentional misuse of lawfully obtained prescription drugs is prohibited at any time.

Employees shall be tested for drugs and/or alcohol under the following conditions:

1. When there is a reasonable cause/suspicion that an employee may be impaired by the use of drugs or alcohol;

2. If an employee is involved in a traffic accident in the performance of his/her duties resulting in death or serious bodily injury;

3. Upon an employee's return to duty after testing positive for drugs and/or alcohol;

4. Follow-up testing after it has been determi ned that an employee has tested positive for alcohol or drug use.

If a test shows that the employee is under the influence of drugs or alcohol, the employee may, at the City's sole discretion, be eligible for treat ment or rehabilitation. A positive test result for either drugs or alcohol will result in disciplina ry action, up to and including termination. Pre- employment drug tests are subject to the Personnel Policy and Procedure Drug Test Policy, 111-

7. In addition, the following shall apply:

1. City management will evaluate the circumstances of a positive test to determine if the case merits the opportunity for rehabilitation in lieu of termination.

2. Employees who test positive for drugs and/or alcohol and who are given the opportunity for rehabilitation or who self-identify and seek rehabi litation prior to an incident that violates policy may use accrued sick leave, vacation, and other benefits while they are participating in rehabilitation programs prior to being released to return to work. Employees who have exhausted their sick leave or vacation accruals shall be eligible for a leave of absence without pay, based upon the City's Employee Assistance Program's treatment plan.

3. The City of Riverside is not responsible for the costs of medical treatment for employees who test positive for drugs and/or alcohol. Employees may use options provided under their medical coverage, if applicable.

4. At the City's discretion, an employee who tests positive for drugs and/or alcohol, may be offered a Last Chance Agreement that mandates compliance with a treatment plan and associated testing. Employees who are permitted to return to work and who subsequently test positive for drugs and alcohol shall be terminated from City employment.

All affected employees shall be given a copy of this policy.

All Supervisory Fire Department Personnel responsible for the implementation and enforcement of this Policy shall also comply with the requirements of SOP Number 405 (Personnel Complaint Policy).

PROCEDURE:

Responsibility Action

Human Resources 1. Provides notice to employees of reasonable suspicion and post-accident drug and alcohol
testing P,Olicy.

2. Provides informational programs on the risks
associated with drug and alcohol abuse.

3. Provides drug and alcohol counseling and
rehabilitation programs through employee
assistance program.

4. Provides Reasonable Suspicion Training
opportunities to all supervisory and
management employees.

DepartmenVDivision

Human Resources

Employee

Human Resources

5. Ensures that every supervisor and manager
takes training in Reasonable Suspicion for
Drug and Alcohol Use no less than every two
years.

6. Completes Reasonable Suspicion checklist on
any employee whose demeanor or behavior
leads to suspicion that he/she may be under
the influence of drugs or alcohol.

7. Contacts the Human Resources Department
Safety Division if the use of the Reasonable
Suspicion checklist reinforces the belief that
an employee may be under the influence of
drugs or alcohol.

8. Safety Division facilitates immediate testing
for drugs and/or alcohol.

9. Takes the lead role in an appropriate
disciplinary action, up to and including
termination. Disciplinary action may include
mandated participation in a drug/alcohol
abuse assistance or rehabilitation program
approved by federal, state, or local health, law
enforcement, or other appropriate agency.

10. Participates in drug/alcohol abuse assistance
or rehabilitation programs, if required as a
condition of continued employment, utilizing
medical coverage and va cation/sick leave or
other approved leave of absence.

11. Keeps Department/Division informed relative
to the status of an employee's ability to return
to work.

12. Monitors an employee's satisfactory
completion of any mandated drug/alcohol
assistance or rehabilitation program.

Attachments: Reasonable Suspicion and Post-Accident Drug and Alcohol Testing Information For Members of the Riverside City Firefighters' Association

ATTACHMENT
C
:vt ·III·I[.:CIIlC ll & Ad 11111'\ .Ill ll
l Ill I I C) II u f{l I
SOP. I 70
Page I of 1
f I
R \

ATTACHMENT C
PHOCEI>llltF
Du11ng 110111 "I day to da.: opeta11ons. no person shall he pe11nillt.d to \\Oik u. excess of% consecutive lOUIS In the e\'l'lll that a person works 96 consecutsve hours, !hat person ma) not commence a 11ew asc;Jgnment unul he/she has been ofl \\Ork IOJ R n11nimum of twenty-fm r (211) hours.

II ·r he% hou1 11!1(' shall he lemporard) su~pendccllor lhc follnwmp 1easons A When four nr rno1e l1rc unus are deployed on rnulual i1td/s1rike ICaJn assignments ll Whl~n 16 01 mOll' department petsunncl a1c deployed on mutual <lld/stnke team ass1gnruents, Urban Search & RcS(;ItC (US&R) acti\"CIIIOII, natural clrsasler, any other dJS!lsler at.,signmcnt or d1111ng any situution decmt•d necessary by the Fue Chief or his designee.

Ill. Ptocedure for suspendrng and rdnstating the 96-hour •ule.

A 'I h(• hrc Chrcf or his dcs1gnee )hallnotsfy nil personnel\ ia email when the 96-hom mle hac; been suspended
B. The f1rc Chief or his designee shall notsfy all personnel vsa cmnil when the 96-hour rule has hcen rernstntcd
TV. Specsal crrcumstanccs
A. E.\tra sl11fls (Deparlmcnt ovemmc. time e.xchangl', \"ilC<~tion und/or holiday coverage, and colllhin.tllons 50/5Qc;) cntt!red mlo Tclc:-.tuff before or during the pcnod during which the 96-hour n le was suspcndect wrll be honored up to rhree days after the 96-hour rule has l>cl'n reinstarcd,
II Per sonncl must not1fy the on-duty ball.sllon rhicl when such conditions exist UEFINJ riONS:

Nunc
J

ATTACHMENT D
20236 City Health/Vision Contributions

Group/Plan

Coverage Level

20236 Monthly Health/Vision City
Contribution (Maximum)
Fire Management (72)
PLAN: BLUE SHIELD
PPO
Employee (Only) $ 1,216.48 1,039.99
Employee+ 1 $ 1,758.04 1,285.02
Family $ 2,191.16 1,530.91
-
Fire Management (72)
PLAN: BLUE SHIELD
HMO15
Employee (Only) $ 1,010.77 971.15
Employee+ 1 $ 1,349.84 1,149.61
Family $ 1,699.63 1,378.81

Fire Management (72)
PLAN: BLUE SHIELD
HMO20
Employee (Only) $ 990.06 956.47
Employee+ 1 $ 1,307.83 1,119.87
Family $ 1,641.45 1,337.61

Fire Management (72)
PLAN: BLUE SHIELD
TRIO 20
Employee (Only) $ 964.26 $935.33
Employee+ 1 $ 1,255.62 1,077.07
Family $ 1,569.36 1,278.53

Fire Management (72)
PLAN: KAISER HMO 15
Employee (Only) $1,016.83935.96
Employee+ 1 $1,361.47 1,078.13
Family $1,702.91
1,274.60

,.

Fire Management (72)
PLAN: KAISER HMO 30
Employee (Only) $ 1,004.11 930.46
Employee+ 1 $ 1,335.82 1,067.03
Family $ 1,668.63 1,259.75
Fire Management (72)
PLAN: BLUE SHIELD PPO
HDHP
Employee (Only) $1,216.48
Employee+ 1 $1,758.04
Family $2,191.16