NVF:AFS:JMD
10/8/2024
1 T-48546 / 2152039_2
Council Agenda: 10-29-2024
Item No.: 2.7
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE IDENTIFYING THE TERMS AND CONDITIONS
FOR FIRE PERSONNEL RESPONSE AWAY FROM THEIR
OFFICIAL ASSIGNMENT AND REASSIGNED TO AN
EMERGENCY INCIDENT
WHEREAS, the City of San José (“City”) is a public agency located in the County of Santa Clara, State of California; and
WHEREAS, it is the City’s desire to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the City employs, fire emergency response personnel including Fire Chief, Assistant Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Arson Fire Captain (working title Supervising Arson Investigator), Arson Investigator, Fire Prevention Inspector, Supervising Public Safety Dispatcher, Senior Public Safety Dispatcher, and Public Safety Radio Dispatcher; and
WHEREAS, the City will compensate its employees portal-to-portal while in the course of their employment and away from their official assignment and reassigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and
WHEREAS, the City will compensate its employees' overtime while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response;
NVF:AFS:JMD
10/8/2024
2 T-48546 / 2152039_2
Council Agenda: 10-29-2024
Item No.: 2.7
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. Personnel shall be compensated according to the Memorandum of Understanding (MOU), Personnel Rules and Regulations, and/or other directives that identify personnel compensation in the workplace.
2. In the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as outlined in an organizational policy, administrative directive, or similar document shall be used to compensate such personnel.
3. The City shall maintain a current salary survey or acknowledgment of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.
4. Personnel shall be compensated (portal-to-portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response.
5. Fire emergency response suppression personnel include the rank of Fire Chief, Assistant Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, and Firefighter.
6. Fire emergency response non-suppression personnel include Arson Fire Captain (working title Supervising Arson Investigator), Arson Investigator, Fire Prevention Inspector, Supervising Public Safety Dispatcher, Senior Public Safety Dispatcher and Public Safety Radio Dispatcher.
NVF:AFS:JMD
10/8/2024
3 T-48546 / 2152039_2
Council Agenda: 10-29-2024
Item No.: 2.7
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ADOPTED this ___ day of ____, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
______________________________
MATT MAHAN
Mayor
ATTEST:
____________________________
TONI J. TABER, MMC
City Clerk